Guam Administrative Code

§1619. Non-Deadly Force. (a) Non-deadly force is force which normally causes neither death nor serious bodily injury. It may be in the form of physical force or chemical agents. Physical force or chemical agents may be used only in the following instances: (1) Prior to the use of…

§1620. Mechanical Restraints. (a) Mechanical restraints shall be applied when it is in the best interest of departmental safety and security. (b) Mechanical restraints shall be applied when the past history and present behavior or apparent emotional state of the inmate creates th…

§1621. Firearms. The greatest caution and conservative judgment shall attend the use of firearms. Firearms shall be used only when absolutely necessary to prevent escapes from a facility where dangerous persons are confined, or by dangerous persons, or where there is a clear and …

§1622. Weapons. No weapon of any kind shall be taken into the security area (cell blocks) except with the approval of the Director. Precautionary measures shall be taken to prevent any weapon or ammunition from falling into the hands of inmates. Under no circumstances shall firea…

§1623. Inmate Accountability. It is the philosophy of the Department of Corrections that there shall be no escapes. Every employee shall take every measure to ensure that this philosophy is not jeopardized. The Director of Corrections shall establish policies and procedures for i…

§1624. Car Keys. Vehicle keys shall not be left in any unattended vehicle. Vehicle keys shall not be kept or stored in any office or facility accessible to inmates.

§1625. Escape Pursuit Plan. The Director of Corrections shall have in effect at all times a proper escape pursuit plan and shall see that each staff member is instructed in the general and special procedures he/she is to follow. Such plan shall include the procedure to be followe…

§1626. Preparation for Emergencies. The Director of Corrections shall have in effect at all times a plan for meeting such emergencies as riots, hostage situations, strikes, attack upon visitors or upon employees, explosions or fires, suicides or attempted suicides or other depart…

§1627. Fire Prevention. An adequate number of fire extinguisher maintained in serviceable condition shall be strategically located throughout each facility of the Department. It is the duty of every employee to immediately and properly report all fires and fire hazards.

§1628. Dangerous Substances. A permanent inventory of all dangerous and toxic materials shall be kept at each unit and made available upon request. This shall include all drugs, gasoline, propane, and other highly flammable items, cleaning fluids, paint or lacquer thinners, dupli…

§1629. Control of Tools. The Director of Corrections shall establish a plan for the control of tools in order to safeguard the physical security of the Department. Such plan shall be subject to annual review.

§1630. Explosives. Under no circumstances shall explosives such as dynamite, fragmentation grenades, bombs, blasting caps or firecrackers be stored in any of the facilities of the Department. This provision does not include storing in a safe place of ammunition for use with the D…

§1631. Control of Matches, Lighters, Etc. Matches shall not be permitted into the Department. The Director of Corrections shall establish a plan for the control of lighters and other heat or fire-producing devices within the Department. ------- Ch. 1 - Department of Corrections A…

§1633. Control of Matches, Lighters, Etc.

§1701. Work and Education. (a) Every inmate committed to the custody of the Director is obligated to work as assigned by Department staff members and by personnel of other agencies to whom the inmate's custody and supervision may be delegated. This may be full time work, educatio…

§1702. Performance. (a) Inmates must perform assigned tasks diligently and conscientiously. Inmates must not pretend illness, or otherwise evade attendance and performance in assigned work and program activities, or encourage others to do so. (b) Inmates must report to their plac…

§1703. Recreation and Leisure. (a) It is a departmental goal to teach inmates how to use leisure time constructively by making available facilities and opportunities for their participation in athletics, arts and crafts, hobbies, reading, and writing. (b) It is a goal of all recr…

§1704. Religion. (a) There shall be available to inmates confined at the Department of Corrections a range of religious services and programs that, to the extent practical, satisfies the beliefs of most major faith groups Ch. 1 - Department of Corrections Art. 7 - Inmate Activiti…

§1705. Marriage. A sentenced inmate shall not marry without the consent of the Director. Ch. 1 - Department of Corrections Art. 7 - Inmate Activities -- 1997 - p. 47 24 GAR - Penology & Corrections Article 8 Inmate Communications…

§17101. Suspension. The Director of Corrections may, where provided by law, suspend these Rules during a declared emergency if such suspension is necessary to meet the responsibilities of the Department. A written declaration of the suspension of these Rules shall be delivered to…

§1801. General Provisions. It is the policy of the Department of Corrections to establish a system of communications for the expression of ideas and the transmission of information, and the Department of Corrections shall: (a) Permit inmates to correspond with family, friends, of…

§1802. Correspondence. Inmates shall be allowed to send letters to whomever they wish, except when clear evidence related to departmental security, order, or rehabilitation exists to justify a limit. Any restriction or limitation shall be appealable to the Prison Security Adminis…

§1803. Privileged Mail and Communication. (a) Privileged mail may be inspected for contraband but only in the presence of the addressed inmate. All privileged mail should be identified. (b) Each inmate may correspond via privileged mail with the following: (1) The courts of the T…

§1804. Non-Privileged Mail. (a) Inmate's incoming and outgoing mail may be inspected for contraband and read according to the following guidelines: (1) Threats of physical harm against any person or threats of criminal activity. (2) Threats of blackmail or extortion. (3) Plans to…

§1805. Collection and Distribution of Mail and Packages. (a) Locked mail collection boxes shall be placed in common areas and mail shall be collected daily according to a regular set schedule. Staff members shall collect the mail from inmates who do not have direct access to a co…

§1806. Publications. (a) Books, magazines, newspapers, and other printed matter should be approved unless the Prison Security Administrator deems that the publication constitutes a threat to the security, order of the Department, or to the inmate's rehabilitation based on one or …

§1807. Publicity, Press Relations. (a) Correctional facilities are public institutions and are operated at public expense for the protection of society. The citizens of the Territory have the right to know how the Department is being operated. It is the policy of the Department t…

§1808. Telephone Privileges. (a) Reasonable telephone privileges for all inmates are encouraged. The number of telephones and their location shall be left to the discretion of the Prison Security Administrator. Schedules for telephone usage shall be decided by the Unit Manager in…

§1809. Telephone Calls for Inmates in Disciplinary Segregation. Inmates shall not be afforded with telephone privileges while in segregation except for emergencies (e.g., critical illness or accident) and to the attorney of record. Ch. 1 - Department of Corrections Art. 8 - Inmat…

§18101. Authorization. In addition to these Rules and Regulations, the individual institutions and programs are authorized to adopt policies to fit the daily operation of their institutions or programs, subject to the approval of the Director. Said institutional policies shall no…

§1901. General Provisions. While visiting is a privilege, inmates are encouraged to maintain close contact with family members and those who can assist in the rehabilitation process.

§1902. General Controls and Limitations. Each facility shall implement established policies and procedures required to administer visitation. Size, mission, location, and other variables shall dictate the limitations and controls necessary in each facility.

§1903. Admission and Control. (a) Only those persons who have made a formal application and has been approved by the Prison Security Administrator shall have their names placed on the inmate's visiting list. (a) All persons who are eligible to visit with inmates shall complete al…

§1904. Visits Outside the Facility. Visits, pursuant to 9 GCA § 80.49, outside the Department for a period not to exceed twenty-four (24) hours, are permitted only in specific situations as provided by statute.

§1905. Group Visits. (a) Interested groups may be permitted to visit the facilities in accordance with established departmental policies and procedures. (b) Such groups may be served meals, provided the meals do not interfere with the orderly operation of the facility or place an…

§1906. Security. (a) All inmates shall be subjected to a pat-down prior to entering the visiting room. (b) All inmates shall be strip-searched upon leaving the visiting room to prevent the introduction of contraband into the Department. (c) The Department shall post a large sign …

§19101. Provisions. If any rule, section, sentence, clause, or phrase of these Rules and Regulations or their application to any person or circumstance is held to be unconstitutional or invalid, the remaining portion of these Rules and Regulations to other persons or circumstance…

§2101. Parole -- Eligibility. Prisoners, not sentenced to death, are eligible for parole as follows: (a) Upon serving one-fourth of the sentence or total of consecutive sentences imposed by the court, less good-time allowance. (b) If previously convicted of a felony, upon serving…

§2102. Effect of Revocation of Previous Parole. A prisoner whose parole has been revoked shall not again be eligible for parole within a year after his return to confinement. CH. 2 - PAROLE - ART. 2 - VIOLATION OF PAROLE - 1997 - P. 1

§2103. Parole Application. All applications for parole must be submitted to the Board in writing at least twenty days prior to the meeting of the Board. Such applications shall be accompanied with social history, criminal record, report of attitude in prison and report of any phy…

§2104. Parole -- Appearance Before Board. Before a parole will be granted, the prisoner must appear before the Board and prove to the Board's satisfaction that arrangements have been made for his proper employment upon release or that arrangements have been made for his maintenan…

§2105. General Conditions to be Followed Upon Granting of Parole. The general conditions which shall be stipulated on each conditional parole granted by the Board are as follows: (a) The paroled prisoner will report immediately to the Parole Officer upon his release and at such o…

§2106. Special Conditions. In addition to the general conditions set forth above, the Board may impose any special conditions deemed necessary in individual cases.

§2107. Parole Board -- Meetings. The Parole Board shall meet on the second Tuesday of each calendar month at the hour of 10:00 a.m. at the office of the Chief of Police unless other times and places are agreed upon by the Board.

§2108. Rejection of Parole Application -- 6 Months Waiting Period Required Before Reapplication. A paroled prisoner whose application has been rejected by the Board, may not reapply until the expiration of six months from such rejection. [8]. CH. 2 - PAROLE - ART. 2 - VIOLATION O…

§2201. Hearings on Prisoners Arrested and Confined for Violation of Parole. Any paroled prisoner arrested and confined pursuant to 9 GCA §80.83, shall be entitled to a hearing before the Board, as provided in 9 GCA §8084, upon his written request submitted to the Chairman of the …

§2202. Date of Hearing. The Chairman shall set for hearing such written request on a date not more than 30 days following receipt of such written notice. Hearings may be held as part of a regular meeting or a special meeting may be called by the Chairman.

§2203. Paroled Prisoner's Right to Prior Notice of Hearing.. The paroled prisoner shall be given at least ten days written notice, Saturdays, Sundays and holidays included, of the hearing. Such notice shall include a written statement of the provision or provisions for which he w…

§2204. Hearings: Rules. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely on in the conduct of serious affair…

§2205. Quorum of Board. A majority of the Board shall constitute a quorum.