When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, upon the recommendation of the Attorney General of Guam, I Maga’lahen Guåhan (the Governor of Guam) or the Director of the Department of Corrections, if designated by I Maga’lahi (the
Governor), on behalf of the island and subject to the terms of the treaty; may consent to the transfer of the convicted offenders who are under the jurisdiction of the Department of Corrections to the place or jurisdiction specified in the treaty. I Maga’lahen Guåhan (the Governor) may take any other action necessary to initiate the participation of this territory in the treaty. SOURCE: Added by P.L. 31-233:XII:32 (Sept. 7, 2012) as § 95.10. Renumbered by Compiler to harmoniously fit in this chapter.
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Effective Date of Title 9
2014 NOTE: Public Law 13-185, which enacted Title 9, GCA, include sections 2 and 3 which are reproduced in their entirety below: Section 2. This Code shall become operative on January 1, 1978. Except as otherwise provided in this Section, this Code does not apply to offenses committed prior to its effective date and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this Code were not in force. For the purposes of this Section, an offense was committed after the operative date of the Code if any of the elements of the offense occurred subsequent thereto. In any case pending on or after the operative date of this Code, involving an offense committed prior to such date, procedural provisions of this Code shall govern insofar as they are justly applicable and their application does not introduce confusion or delay. Provisions of this Code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to the operative date of this Code, except that the minimum or maximum period of their detention shall in no case be increased. Section 3. This Act shall become operative only if Bills Nos. 662 and 663 are Chaptered and become operative January 1, 1978, and, in such case shall become operative at the same time as Bill Nos. 662 and 663. Past print publications of the GCA included the following annotations from the Compiler of Laws: COMMENT: The effective date of this Code, the Criminal Procedure Code and P.L. 13-187 was postponed until January 1, 1978 by P.L. 14-052 (July 14, 1977).
COURT DECISIONS: D.C.GUAM:APP.DIV. 1983 Dismissal of an indictment for conspiracy, wherein the acts alleged covered the periods in which the old Penal Code was in effect and the present Criminal and Correctional Code (9 GCA) was in effect should not be dismissed, but it should be left up to proof at trial to determine if, in fact, a crime was committed during the operative period of 9 GCA. If the fact show that no act was committed during the period of 9 GCA (following January 1978), then acquittal will be in order. However, the indictment charges such facts and, therefore, the indictment should stand. People v. Manibusan, D.C. Case #81-053A.
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ARTICLE 6 CIVILLIAN CORRECTIONS RESERVE PROGRAM SOURCE: Added by P.L. 35-064:1 (Feb. 11, 2020) as §§ 90.200 to 90.206, renumbered by the Compiler pursuant to 1 GCA § 1606.