Title 8 — Criminal Procedure

As used in this Chapter: (a) ‘Child’ means an unmarried person who is under eighteen (18) years of age and includes a stepchild or an adopted child; (b) ‘Commission’ means the Criminal Injuries Compensation Commission established by this Chapter; (c) ‘Confidential records’ means …

(a) In determining the amount of compensation to be awarded under this Chapter, the Commission shall deduct amounts or benefits received or to be received from any source, whether from the offender or from any person on behalf of the offender, or from public or private funds, and…

Convicted Person. (a) A person convicted of a crime shall not derive any profit from the sale of his or her recollections, thoughts, and feelings with regard to the offense committed by that person until the victim receives any restitution or compensation ordered for him or her a…

The Attorney General shall serve as legal advisor to the Commission. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA § 86.105; amended and moved to this title and chapter by P.L. 27-138:4 (Dec. 30, 2004).

No compensation payable under this Chapter shall, prior to actual receipt thereof by the person or beneficiary entitled thereto, or their legal representatives, be assignable or subject to execution, garnishment, attachment or other process whatsoever, including process to satisf…

The rights of compensation created by this Chapter are personal and shall not survive the death of the person or beneficiary entitled thereto; provided, that if such death occurs after an application for compensation has been filed with the Commission, the proceeding shall not ab…

In the performance of its functions, the Commission may adopt, amend and repeal, pursuant to the Administrative Adjudication Law, rules and regulations, not inconsistent with this Chapter, prescribing the procedures for conducting its business, the procedures to be followed in th…

Supervisory, administrative and clerical personnel necessary for the efficient functioning of the Commission may be appointed by the Attorney General. The Department of Law or Office of the Attorney General shall provide administrative support for the effective operation of the C…

The Attorney General shall, on behalf of the Commission, include in the Office of the Attorney General’s annual fiscal year budgetary submission to I Liheslaturan Guåhan, a report on vacant appointments to the Commission, the number of applications received for the preceding cale…

Commission. (a) There is, within the government of Guam, a Criminal Injuries Compensation Commission (Commission) which shall be comprised of five (5) members appointed by I Maga’lahen Guåhan with the advice and consent of I Liheslaturan Guåhan. Annually, the members shall elect …

The term of office of each member of the Commission shall be four (4) years or until his successor is appointed, except that the terms of office of the members first taking office shall expire as designated by I Maga’lahen Guåhan at the time of appointment as follows: one (1) at …

Upon an application made to the Commission under this Chapter, the Commission shall fix a time and place for a hearing on such application and shall cause notice thereof to be given to the applicant. The Commission may hold such hearings, sit and act at such times and places, and…

(a) Where any application is made to the Commission, the applicant and the Commission’s legal advisor shall be entitled to appear and be heard. Any other person may appear and be heard who satisfied the Commission that he or she has a substantial interest in the proceedings. In a…

The Commission may appoint an impartial licensed physician to examine any person making application under this Chapter, and the fees for the examination shall be paid from funds appropriated for expenses of administration. SOURCE: Added by P.L. 20-155:2 (Mar. 21, 1990) as 9 GCA §…

(a) The Commission may, as part of any order entered under this Chapter, determine and allow reasonable attorney fees, which if the award of compensation is more than One Thousand Dollars ($1,000.00) shall not exceed fifteen percent (15%) of the award, to be paid out of but not i…

(a) The Commission may, on its own motion or on the application of any person aggrieved by an order or decision of the Commission, reconsider the order or decision and revoke, confirm and verify the order or decision, based upon the findings of the Commission. (b) Any person aggr…

(a) In the event any person is injured or killed by any act or omission of any other person coming within the criminal jurisdiction of Guam after September 30, 1980, which act or omission is within the description of the crimes enumerated in Section 161.55, the Commission may, in…

(a) The crimes to which this Chapter applies are the following: (1) Aggravated Murder (9 GCA § 16.30); (2) Murder (9 GCA § 16.40); (3) Manslaughter (9 GCA § 16.50); (4) Aggravated Assault (9 GCA § 19.20); (5) Assault (9 GCA § 19.30); (6) Kidnapping (9 GCA § 22.20); (7) Felonious …

The Commission may order, only from available balances in the Criminal Injuries Compensation Fund, the payment of compensation under this Chapter for: (a) expenses actually and reasonably incurred as a result of the injury or death of the victim; (b) loss to the victim of earning…

Whenever any person is convicted of an offense that includes any crime enumerated in Section 161.55 of this Chapter and an order for the payment of compensation is or has been made under this Chapter for injury or death resulting from the act or omission constituting such offense…

Whenever a fine is imposed upon an offender and such fine is to be deposited into the Criminal Injuries Compensation Fund, and such fine is not to be deposited into the fund within one hundred eighty (180) days of the imposition of sentence, the Commission may institute a civil a…

In the event a private citizen incurs injury or property damage in preventing the commission of a crime within Guam, in apprehending a person who has committed a crime within Guam, or in materially assisting a peace officer who is engaged in the prevention or attempted prevention…

The Commission may order the payment of compensation under this Chapter for: (a) expenses actually and reasonably incurred as a result of the injury of the private citizen; (b) pain and suffering to the private citizen; (c) loss to the private citizen of earning power as a result…

Except as otherwise provided in this Chapter, any order for the payment of compensation under this Chapter may be made on such terms as the Commission deems appropriate. Without limiting the generality of the preceding sentence, the order may provide for apportionment of the comp…

(a) No order for the payment of compensation shall be made under this Chapter unless the application has been made within eighteen (18) months after the date of injury, death or property damage. (b) Compensation for medical expenses may be awarded up to the amount of Twenty Thous…

Payment Authorized. (a) There is hereby established a Criminal Injuries Compensation Fund (Fund), separate and apart from other funds of the government of Guam, from which the Commission may make payments as provided in Subsection (b) of this Section. The Attorney General shall b…