Guam Administrative Code

§1604. Other Jurisdictions. Any inmate placed with the Department by a jurisdiction other than the Territory of Guam shall not be interviewed or photographed by the news or other media without the prior written approval of the home jurisdiction agency.

§1605. Confidentiality of Inmate Files. (a) Any file on an inmate is the property of the Department of Corrections and shall be kept confidential. (b) Any file on an inmate shall not be surrendered to any person or agency without the approval of the Director.

§1606. Posted Warnings. Signs stating that all visitors and employees and their property are subject to search at any time while in the facility shall be posted at a conspicuous place at each main entrance. 24 GAR - Penology & Corrections Ch. 1 - Department of Corrections Art. 6 …

§1607. Facility Entrance. The Department of Corrections shall provide adequate safeguards against introduction of weapons and contraband into the facility.

§1608. Authorized Access. No person shall be authorized access to any departmental facility without approval from the Director of Corrections.

§1609. Identification. (a) All persons seeking entry into the facility shall, in addition to proper photo identification, produce appropriate evidence of the nature of their business in the facility. (b) Employees shall be required to present their official identification cards u…

§1610. Consent to Search Form. All employees and visitors may be required to sign, as a condition to entrance, a consent to search form. Failure to consent to search may be cause for denial entrance into the facility.

§16101. General Provisions. (a) Most complaints can be resolved quickly and efficiently through direct contact with the staff members who are responsible in the particular area of the problem. This is the preferred course of action. Staff member awareness of the importance of pro…

§16102. Grievance Complaint Form. (a) If an inmate cannot resolve a complaint through the informal contact with staff members, and wishes to file a formal complaint for administrative remedy, the inmate should secure a copy of the Grievance Complaint Form and write the complaint …

§16103. Referral Outside the Division. In the event that a complaint or grievance is not resolved at the section/division level, it shall be referred to the Director for action if so initiated by the inmate. The decision of the Director shall be final.

§16104. Referral to Agencies or Officials Other than Departmental. An inmate should first exhaust the administrative channels in this Chapter in the quest of a resolution of the complaint or grievance before referring it to the Suruhanu or other authorized officials. Inmates are …

§1611. Search and Seizure. The Supreme Court has held that all persons have a right to be free of unreasonable searches and seizures. An unreasonable search is one that invades one's reasonable expectations of privacy. Where one does not have a reasonable expectation, a search is…

§1612. Room or Cell Inspection. Room or cell inspection may be conducted by staff members at any time as long as the purpose is not to harass or humiliate an inmate. Care should be taken to prevent destruction, loss, or disarrangement of inmate possessions.

§1613. Room or Cell Search. (a) Room or cell search shall be conducted by staff members when there is reasonable belief that the search will reveal evidence of illegal activity or contraband. The search shall be a 24 GAR - Penology & Corrections Ch. 1 - Department of Corrections …

§1614. Presence of Inmate During Room and Cell Search. The inmate shall be present during conduct of a room or cell search, except during emergencies, or when the inmate's presence jeopardizes or compromises departmental security.

§1615. Non-Intrusive Sensor Personal and Body Searches. (a) Non-Intrusive Sensor and Scanning Device Search: (1) A non-intrusive sensor or scanning device search is a search conducted using a mechanical device. (2) A non-intrusive sensor or scanning device search may be done by s…

§1616. General Area Searches. (a) A general area search is a search of designated persons and places within the Department. It is aimed at the general prison population as a whole rather than at a specific inmate. (b) A general area search shall be authorized by the Director of C…

§1617. Use of Force. The use of force is limited to that amount which is reasonably necessary under the circumstances. The legitimacy of any use of force should be decided by considering the information available to the staff member at the moment, the availability of alternatives…

§1618. Deadly Force. (a) Deadly force is force which will likely cause death or serious bodily injury. Deadly force may be used only when immediately necessary: (1) to prevent escapes from a facility where dangerous persons are confined, unless the escapee is known to have no his…

§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. - - - - - - - 24 GAR - Penology & Correctio…

§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 24 GAR - Penology & Corrections Ch. 1 - Department of Corr…

§1705. Marriage. A sentenced inmate shall not marry without the consent of the Director. 24 GAR - Penology & Corrections Ch. 1 - Department of Corrections Art. 8 - Inmate Communications - 1997 - p. 48 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 Admini…

§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…