(a) When Parole Permitted. An offender sentenced to a term of imprisonment may be released conditionally on parole upon completion of two-thirds (2/3) of his fixed sentence or thereafter in accordance with the provisions of this Article, provided that in the case of an offender sentenced to a term of imprisonment for the commission of a violent crime, such offender may be released conditionally on parole upon completion of eighty-five percent (85%) of his fixed sentence or thereafter in accordance with the provisions of this Article. (1) Nothing in this Section shall be construed as limiting or mitigating in any fashion the discretionary or mandatory imposition of a sentence of life imprisonment without parole for any offense, as may be detailed elsewhere in this Title or the laws of Guam. (2) For the purposes of this Section, a “violent crime” is defined as one (1) or more of the following: (A) aggravated murder, as defined in 9 GCA § 16.30; (B) murder, as defined in 9 GCA § 16.40; (C) manslaughter, as defined in 9 GCA § 16.50, and when such manslaughter is not involuntary; (D) aggravated assault, as defined in 9 GCA § 19.20, and when it is a felony in the first degree; (E) kidnapping, as defined in 9 GCA § 22.20, and when it is a felony in the first degree; (F) first degree criminal sexual conduct, as defined in 9 GCA § 25.15; (G) second degree criminal sexual conduct, as defined in 9 GCA § 25.20; (H) aggravated arson, as defined in 9 GCA § 34.20; (I) first degree robbery, as defined in 9 GCA § 40.10; or (J) second degree robbery, as defined in 9 GCA § 40.20. (b) A sentence to a fixed term of imprisonment includes, as a separate portion of the sentence, a term of parole or of recommitment for violation of the conditions of parole which governs the duration of parole
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or recommitment after the offender’s first conditional release on parole. The term is three (3) years unless the conviction was for a misdemeanor in which case it is one (1) year. (c) If an offender is recommitted upon revocation of his parole, the term of further imprisonment upon such recommitment and of any subsequent reparole or recommitment under the same sentence shall be fixed by the Guam Parole Board but shall not exceed in length the longer of the unserved balance of: (1) the parole term provided by Subsection (b); or (2) the remainder of the original sentence determined from the date of conviction. (d) When the parole term has expired or he has been sooner discharged from parole, an offender shall be deemed to have served his sentence and shall be released unconditionally. (e) Notwithstanding any other provision of law to the contrary, all sentenced and incarcerated first offenders who have been convicted and sentenced to a prison term for non-violent or non drug offense(s) shall be eligible for parole after serving fifty percent of their prison term. All procedures for applying for parole, reviewing and granting parole under this section, except as stated herein, shall be governed by the provisions of Article 5 of this Chapter. (f) Upon entry into the Guam Adult Reentry Court Program, the Guam Adult Reentry Court may order rehabilitation and treatment services to be provided, determine appropriate incentives, order appropriate sanctions, and hear and determine appropriate responses to alleged violations, unless and until the Court terminates the parolee’s enrollment in the Program. SOURCE: Compare Govt. Code §§ 39100, 39100.1, 39115-39917; M.P.C. § 6.10; Mass. ch. 264, §§ 26, 27; *N.J. § 2C:43-9. Enacted 1977. Subsections (a) and (b) repealed and reenacted by P.L. 14-143:17 (Sept. 29, 1978). Subsection (a) amended by P.L. 24-270:1 (Oct. 2, 1998). Subsection (e) added by P.L. 24-271:2 (Oct. 2, 1998). Subsection (f) added by P.L. 34-081:3 (Feb. 10, 2018). 2018 NOTE: Reference to “Territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters in subsection (a) were altered to adhere to the Compiler’s alpha-numeric scheme. CROSS-REFERENCES: N.J. Cr. Law Rev. Comm.; N.J. Penal Code 319-323 (Final Report, 1971); G.P.C. § 1231(b). COMMENT: This Article proceeds on the view that conditional release on parole, with its accompanying supervision, is a normal and necessary state in the transition from prison life to full freedom in the community; and that it should, therefore, be the invariable incident of a prison sentence, not an exceptional act of grace bestowed upon good risks and withheld from the bad. This concept requires the abandonment of the idea that the parole period is a portion of the original prison sentence not required to be served in prison. It calls for thinking of a period of supervised release - “parole term” - as the invariable incident of any prison sentence. The prison sentence determines the maximum period that may be served in prison prior to conditional release. This further period, which may or may not be within the limits of the original prison sentence, is by operation of law made an incident of any sentence of imprisonment for term. A prison sentence, in short, contains two (2) parts. The first part determines when the offender may and when he must be released on parole. The second part, stated in this Article, determines when the offender may and when he must be discharged from parole. This approach is a substantial variation from the system formerly in effect. Under the Penal Code, the Parole Board’s power to control a convicted person was limited by the maximum term of the sentence imposed upon him. Thus, if a person was released on parole with six (6) months of his total sentence remaining, his total parole term could be only six (6) months. It should be noted that the “term” referred to in this Section does not refer to the method of indefinite sentencing formerly practiced by the State of California. Rather, it refers only to the situation where the judge sets the maximum term of imprisonment, and a minimum term where authorized, but that term is determined by law, not by some “Adult Authority.” Thus, despite the wording, it appears that this sentencing does not differ that radically from the former method found in the Penal Code. Nevertheless, this Article does provide a variance from the Penal Code.
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§ 80.70.1 Definitions. For purposes of Article 5 of this Chapter: (a) “Prison” shall mean any confinement facility under the direct or indirect supervision or control of the Department of Corrections (DOC) any portion of which is designed to incarcerate sentenced offenders. (b) “Rated Capacity” shall mean the total number of inmates who can be safely incarcerated in the Prison or any portion of the Prison as established by the Federal Bureau of Prisons or other Federal agency of the United States qualified to provide a rating or maximum number for a safe and controllable population for the Prison or any of its subunits. (c) “Eligible for Parole” is when a sentenced and incarcerated offender may apply for release from confinement conditionally on parole to the Guam Parole Board pursuant to Article 5 of this Chapter. (d) “Prison Population” shall mean the total number of incarcerated persons confined within the Prison or within a subunit of the Prison. (e) “First Offenders” shall mean a convicted, sentenced and/or incarcerated person-who has no other prior conviction for any felony offense within Guam or any other jurisdiction other than the offense for which the person is convicted and/or incarcerated. (f) “Non-Violent Offense” shall mean an offense pursuant to which an offender is confined which did not contain an element requiring proof of Bodily Injury, the threat of Bodily Injury or an Attempt to cause Bodily Injury or Criminal Sexual Conduct. (g) “Bodily Injury” shall mean physical pain, illness, unconsciousness or any impairment of physical condition. (h) “Attempt” shall mean to commit a crime when, with intent to engage in conduct which would constitute such crime were the circumstances as he believes them to be, he performs or omits to perform an act which constitutes a substantial step toward commission of the crime. (i) “Criminal Sexual Conduct” shall mean any offense defined in Chapter 25 of this Title. (j) “Non-Drug Offense” shall mean an offense which did not include a violation of the Uniform Controlled Substance Act. (k) “Prison Term” shall mean the term of actual incarceration for First Offenders incarcerated for Non-Violent Offenses. In the case of all other inmates, Prison Term shall mean the term of actual incarceration plus any suspended term of imprisonment. Notwithstanding any other provision of law to the contrary, this definition of Prison Term shall be controlling whenever the term is used to determine eligibility for parole or to determine the date an inmate is Eligible for Parole. SOURCE: Added by P.L. 24-271:1 (Oct. 2, 1998).