Title 8 — Criminal Procedure

This Chapter may be cited and referred to as the Uniform Extradition and Rendition Act (1983).

As used in this Chapter: 1. Arrest warrant means any document that authorizes a peace officer to take custody of a person. 2. Certified copy means a copy of a document accompanied by a statement of a custodian authorized by the law of a state to maintain that the copy of the docu…

The law of pretrial release, contained in Chapter 40 of this Title, governs release of a person pursuant to § 140.24, § 140.35, § 140.44 and § 140.50.

This Chapter and proceedings under it are not exclusive and do not affect the authority of Guam to: 1. Try a demanded or requested person for a crime committed within Guam; COL120106 2. Take custody of a demanded or requested person by extradition or rendition proceedings for the…

(a) A peace officer may arrest a person without an arrest warrant upon probable cause to believe that the person is the subject of another state's arrest warrant issued for (i) commission of a crime punishable by death or imprisonment for a term exceeding one year, (ii) escape, o…

Demand or Request. COL120106 (a) Upon application of the Attorney General, a judge of the Superior Court shall authorize the issuance of an arrest warrant or other process to obtain the appearance of a person, if testimony or affidavit shows probable cause to believe: 1. The pers…

(a) The judge shall inform the person appearing pursuant to § 140.20 or § 140.22 of: 1. The name of the other state that has subjected the person to an arrest warrant; 2. The basis for the arrest warrant in the other state; 3. The right to assistance of counsel; and 4. The right …

COL120106 (a) If the person is not arrested pursuant to § 140.34 or 140.43 within the period specified in the arrest warrant or other process, the judge for good cause may issue further orders under § 140.24(c) for additional periods not exceeding sixty (60) days. Further extensi…

(a) The Governor may recognize a written demand by an executive authority for the extradition of a person, alleging that the person: 1. Is charged with a crime in the demanding state; or 2. Having been charged with or convicted of a crime in the demanding state has (i) escaped or…

The demand for extradition must be accompanied by a certified copy of an arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime had been committed and that…

The Governor may: 1. Investigate the demand for extradition and the circumstances of the demanded person; 2. Request the Attorney General to investigate; or 3. Hold a hearing.

(a) If a demanded person is being prosecuted, is imprisoned, is on parole or probation, or is subject to an order arising out of a criminal proceeding in Guam, the Governor may: 1. Grant extradition; 2. Delay action; or COL120106 3. Agree with the executive authority of the deman…

(a) If the Governor decides to comply with the demand for extradition, he shall issue a warrant for the arrest and extradition of the demanded person. The Governor's warrant must recite the name of the state demanding extradition and the crime charged or other basis for the deman…

(a) A person arrested under a Governor's warrant must be brought forthwith before a judge of the Superior Court who shall receive the warrant and inform the person of: 1. The name of the state demanding extradition; 2. The crime charged or other basis for the demand; 3. The right…

(a) If the judge after hearing finds that the Governor has issued a warrant supported by the documentation required by § 140.30(a) and § 140.31, the judge shall issue an order to transfer custody pursuant to § 140.50 upon receipt of clear and convincing evidence that the arrested…

(a) Subject to Subsections (b) and (c), Guam may grant a written request by an issuing authority of another state for the rendition of a person in Guam. (b) The request may be refused if the requested person is: COL120106 1. Being prosecuted or is imprisoned in Guam for a crimina…

The request for rendition must be accompanied by a certified copy of the arrest warrant and one of the following: 1. A statement by the issuing authority that the arrest warrant was issued after a determination of probable cause to believe that a crime has been committed and the …

A request for rendition under § 140.40 of this Article must be filed with the Governor, who shall forward the request to the Attorney General. The Governor by written order may terminate the use of rendition at any time before the issuance of an order to transfer custody.

Upon receipt of a request under § 140.42, the Attorney General shall apply to a judge of the Superior Court for the issuance of an arrest warrant, or other process, to obtain the appearance of the requested person. If the judge finds that the provisions of § 140.40 and § 140.41 h…

(a) The judge shall inform the person appearing pursuant to § 140.43 of: 1. The name of the state requesting rendition; 2. The basis of the arrest warrant in the other state; 3. The right to assistance of counsel; and 4. The right to require a judicial hearing pursuant to § 140.4…

(a) If the judge after hearing finds that § 140.40 and § 140.41 have been complied with, he shall issue an order to transfer custody pursuant to § 140.50 upon clear and convincing evidence that the arrested person is the requested person. (b) If the judge does not order transfer …

(a) Except as provided in Subsection (b), a judicial order to transfer custody issued pursuant to § 140.24, § 140.35, § 140.36, § 140.44 or § 140.45 must direct either the Director of Corrections or the Chief of Police to take or retain custody of the person until an agent of the…

An agent who has custody of a person pursuant to an order to transfer custody issued in any state may request confinement of the person in any detention facility in Guam while transporting him pursuant to the order. Upon production of proper identification of the agent and a copy…

Unless the state otherwise agrees, the state to which the person is being returned shall pay the cost of returning the person incurred after transfer of custody to its agent.

(a) A person returned to Guam is subject to the law of Guam as well as the provisions of law that constituted the basis for the return. (b) This Chapter does not limit the powers, rights, or duties of the officials of a demanding, or requesting state, or of Guam.

If a person returned to Guam is found not to have violated the law that constituted the basis for the return, the judge may order the government of Guam to pay the person the cost of transportation and subsistence to the place of the person's initial arrest or to the person's res…

This Chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this Chapter among states enacting it. ---------- COL120106