No person shall be transferred to a correctional institution outside of Guam unless the applicable provisions of §§ 90.46, 90.47 or 90.48 of this Code have first been complied with or unless such person has been legally sentenced to a term of imprisonment in such a correctional institution. SOURCE: Added by P.L. 15-059:5 (Aug. 32, 1979). 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 2014 NOTE: The following comment is found in prior print publications of the GCA: COMMENT: Congress appears to have given its consent to Guam's entry into the Compact, by enacting P.L. 87-406 in 1962. The effect of this law was to amend 4 U.S.C. § 112, adding Guam to the list of States and territories to which Congress gave its consent for entry into A..agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies...@ (emphasis added). It would appear that the Western Interstate Corrections Compact is the type of compact to which Congress was referring in P.L. 87-406, and that the necessary Congressional approval has therefore been granted. COURT DECISIONS: D.C. GUAM, 1978. Compact does not include federal correctional institutions. Santos v. Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandum Order, 10/27/78; Duenas, J.) D.C. GUAM, 1978. Article VII of Compact requires consent of Congress before Guam can become member of Compact and legally enter into inmate transfer contracts with other members. Santos v.
Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandum Order, 10/27/78; Duenas, J.) [Later research has determined that Congress has generally consented to Guam's entry into this comment.]