Guam Administrative Code

§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 class…

§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: 24 GAR - Penology & Corrections Ch. 1 - Department of Corrections Art. 3 - Inmate Rules and Discipline - 1997 - p. 14 (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

§1324. Presenting Staff. Presenting staff shall be appointed by the Prison Security Administrator. The presenting staff shall: (a) Review incident reports; (b) Compile charges; and (c) Present case before disciplinary body.

§1325. Request for Witnesses. The inmate or his representative may request witnesses from inside or outside the Department when their presence at the hearing would not pose a serious threat to the security of the witness or the Department. Written statements under penalty of perj…

§1326. Right to Make Statement and Present Evidence. The inmate has the right to make a statement and present evidence in his own behalf. The inmate has the right to remain silent. However, the inmate's silence may be used to draw an adverse inference against him/her.

§1327. Conduct of Hearing. The DHO or DHB shall review all evidence and determine on the greater weight of the evidence whether the inmate committed the prohibited acts charged in the Incident Report and/or similar acts reflected in the Incident Report. If the DHO or DHB determin…

§1328. Notice of Disciplinary Decision. A copy of the disciplinary decision must be given to the inmate within twenty-four (24) hours upon conclusion of the hearing. Other copies are kept in the inmate's record and the Hearing Committee records. The evidence supporting the findin…

§1329. Review While in Disciplinary Segregation. Inmates confined in Disciplinary Segregation shall be interviewed concerning their mental and physical health within thirty (30) days of confinement, and every thirty (30) days thereafter until released from Disciplinary Segregatio…

§1330. Appeals. (a) Appeals on decisions and actions taken by the DHO shall be made to the Prison Security Administrator through Administrative Remedy Request procedures. The following considerations shall be made: (1) Whether the DHO substantially complied with the rules and reg…

§1331. Not Appealable. The inmate and/or staff representative will be allowed to review the disciplinary hearing documents for purpose of the appeal. The following are not appealable: (a) A plea of guilty; and (b) A plea or sanction which is negotiated.

§1332. Time for Appeals. (a) Upon receipt of the notice of decision by the DHO or the DHB, the inmate may appeal the decision to the Prison Security Administrator or the Director of Corrections. Appeals must be filed no later than fifteen (15) calendar days after the receipt of a…

§1401. General Provisions. The classification process of a person committed to the custody of the Director of Corrections shall be uniformly applied beginning at intake and shall continue throughout the time the inmate is incarcerated. It is the policy of the Department of Correc…

§1402. Admissions and Orientation Unit. Inmates remanded to the custody of the Director of Corrections shall initially be assigned to the Admissions and Orientation Unit (A&O) pending classification.

§1403. Custody Designations. Custody designations strive to place the inmate in an environment consistent with his behavior. Custody designations are not to be imposed as a form of punishment. As much as possible, custody designations should have an objective, behavior- oriented …

§1404. Levels of Classification. The Department of Corrections has three (3) different levels of classification: (a) Close (b) Medium (c) Minimum

§1405. Close Custody. (a) Close custody will usually be reserved for inmates who are considered a serious threat to the community and staff, and whose past assaultive and/or escape histories indicate a need for very close control. (b) Inmates assigned to close custody shall be su…

§1406. Medium Custody. (a) Medium custody will usually be reserved for inmates who do not present a serious threat to the community and staff, have been 24 GAR - Penology & Corrections Ch. 1 - Department of Corrections Art. 4 - Classificaiton of Inmates - 1997 - p. 22 convicted o…

§1407. Minimum Custody. (a) Minimum custody will be assigned to inmates who are convicted of nonviolent crimes and do not have a significant history of criminal behavior. (b) Minimum custody inmates may be authorized participation in programs outside the Department's 24 GAR - Pen…

§1408. Classification Model. (a) Classification can only be done appropriately when quality information is available. It is essential that a pre-sentence investigation report or an admission investigation report be completed during intake for all inmates. Standardized interviews …

§1409. Initial Classification Team. (a) The Initial Classification Team (ICT) shall assess and determine the inmate's initial level of classification. The ICT shall consist of representatives from the Casework and Counseling, Forensic, Parole, Security and Medical Divisions. (b) …

§1410. Unit Program Team. (a) Unit Program Team (UPT) is a "team" approach to inmate management and places decision-making in close proximity to inmates who are being controlled, thus, improving the delivery of correctional services. Each unit shall have a Program Team designated…

§14101. General Food Service Operations. (a) The Department of Corrections shall provide inmates confined in the Department with nutritious meals prepared in a sanitary manner. (b) Food preparation and handling shall be in compliance with the guidelines established by the Governm…

§14102. Menu Planning. The Department's food service program shall maintain a well-managed system of menu planning and execution that includes advance planning for preparation of typical and special diets and ensures the nutritional adequacy of all meals.

§14103. Food Service Safety and Sanitation. (a) The Department, in its food service program, will ensure the highest possible level of safety and sanitary practices, and will maintain sufficient documentation to establish ongoing compliance in all required areas. (b) Federal and …

§14104. Food Service in Special Housing Units. Inmates in special housing units will be provided the same meals as those in the general population. The manner of service and packaging may be altered in the interest of legitimate security and safety factors.

§14105. Special Diets. (a) The Department shall provide inmates who have a legitimate medical or religious basis for a special diet with the means to fulfill those dietary needs, either through the opportunity to select nutritionally adequate substitutes for special meal componen…

§1411. Adjustment Classification Committee. (a) The Adjustment Classification Committee (ACC) shall convene to address, review and decide cases subsequent to the initial classification pertaining to both the custody and program needs of the inmates. The ACC will be composed of Un…

§1412. Review Schedule. The inmate will be given notice at least forty-eight (48) hours prior to the hearing and may waive, in writing, the waiting period or appearance before the committee. Reviews shall be scheduled according to the following: (a) Within three (3) weeks of an i…

§1501. General Provisions. When an inmate's presence in the general population presents an immediate threat to the safety of the inmate or others, endangers departmental security or jeopardizes the integrity of an investigation of alleged misconduct or criminal activity, the inma…

§1502. Procedures. Administrative segregation is non- punitive in nature. It may be imposed for an indefinite period until such time as the Director determines that the need for administrative segregation no longer exists. The inmate should be given a written summary of the reaso…

§1503. Review. (a) The Prison Security Administrator shall be notified as soon as possible when an inmate is placed in administrative segregation. The Prison Security shall review the inmate's confinement in administrative segregation at least once every thirty (30) calendar days…

§1504. Retention of Rights, Privileges and Responsibilities. Unless specifically prohibited or restricted by law or by regulation, the inmate shall retain all rights, privileges and responsibilities while confined in administrative segregation. - - - - - 24 GAR - Penology & Corre…

§15101. Legal Representation. (a) Each inmate shall be afforded the opportunity to consult with legal counsel, court appointed or retained, at any reasonable time. The inmate shall, in writing, inform the Prison Security Administrator the name of the attorney. In all cases, the b…

§15102. Legal Consultation. Attorneys or their staff members shall be able to visit their clients at all reasonable times, including weekends and holidays so long as the safety, security, and good government of the Department are not jeopardized. The attorney and the inmate must …

§15103. Suruhanu. Inmates may correspond with the Suruhanu via privileged mail. The Suruhanu is statutorily empowered to make inquiries and obtain information as the Suruhanu thinks fit, and may enter the facility for private hearings. A letter to the Suruhanu from an inmate shal…

§15104. Law Library. Law libraries shall be made available to inmates at the Department. Reasonable amounts of stationery and reproduction services shall be provided. 24 GAR - Penology & Corrections Article 16 Administrative Remedy of Complaints