Title 9, Crimes and Corrections

All terms of imprisonment specified in the Guam Codes imposed upon conviction of an offense shall be fixed terms, having a determined termination date set at the time of sentencing by the court, except as provided for extension of terms of imprisonment under §§ 80.32 and 80.36 of…

(a) Unless otherwise provided by law, the court may suspend the imposition of sentence of a person who has been convicted of a crime in accordance with § 80.60, may order him to be committed in lieu of sentence in accordance with § 80.20 or may sentence him as follows: (1) to imp…

As used in this Article: (a) “Sex crime” means an offense under 9 GCA §§ 25.15, 25.20, or 25.25. (b) “Parole Board” means the Guam Parole Board established pursuant to 9 GCA, Chapter 85.

(a) The Department of Corrections shall establish a pilot treatment program for persons convicted of a sex crime who are eligible for, or sentenced to, parole or post-prison supervision. Evaluation of this pilot treatment program will be completed no later than three (3) years af…

(a) The Department of Corrections shall adopt rules, pursuant to the Administrative Adjudication Law, to implement and enforce the treatment program of hormone or anti-androgen, such as medroxyprogesterone acetate, under § 80.102 of this Article. Rules adopted under this Subsecti…

A person required to undergo a treatment program of hormone or anti-androgen, such as medoxyprogesterone acetate, under § 80.102 of this Article shall pay or reimburse all costs of the treatment program directly to the department, agency, or organization administering the treatme…

Program; Referrals to the Program. Nothing in § 80.102 or § 80.103 of this Article prohibits the Parole Board from requiring hormone or anti-androgen treatment for a person whom the Department of Corrections did not screen or evaluate as described in § 80.102 of this Article, or …

The pilot treatment program shall come to an end forty-eight (48) months after the date of implementation of this treatment program. A detailed evaluation report, which addresses the effectiveness and financial impact of the pilot treatment program shall be provided by the Direct…

(a) The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence unless the court otherwise directs for reasons stated on the record. (b) The report shall not be submitted to the court or its contents disclose…

(a) [No text] (1) The presentence report shall not be a public record. (2) It may be made available only (A) to the sentencing court, (B) to any reviewing court where relevant to an issue on which an appeal has been taken, (C) to any examining facility, correctional institution, …

(a) The court may suspend the imposition of sentence of a corporation which has been convicted of an offense or may sentence it to pay a fine or make restitution authorized by § 80.50. (b) When a corporation is convicted of a crime or a high managerial agent of a corporation is c…

Nothing in this Chapter shall affect the power of the court to deal with a youth offender as defined by § 83.15 in the manner provided by § 83.35.

(a) When a person prosecuted for a felony of the third degree, misdemeanor or petty misdemeanor is a chronic alcoholic, narcotic addict or person suffering from mental abnormality, the court may: (1) order the civil commitment of such person to a hospital or other institution for…

If, when a person has been convicted of an offense, the court, having regard to the nature and circumstances of the offense and to the history and character of the offender, is of the view that it would be unduly harsh to sentence the offender in accordance with the code, the cou…

Except as otherwise provided by law, a person who has been convicted of a felony may be sentenced to imprisonment as follows: (a) In the case of a felony of the first degree, the court shall impose a sentence of not less than five (5) years and not more than twenty (20) years; CO…

In the cases to which § 80.30 is applicable as to the sentencing of the person, a person who has not previously been convicted of a criminal offense and has been convicted of a felony for the first time may be sentenced to imprisonment as follows: (a) In the case of a felony of t…

In the cases designated in §§ 80.38 and 80.42, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment as follows: (a) In the case of a felony of the first degree, for a sentence of life imprisonment; (b) In the case of a felony of the sec…

Except as otherwise provided by § 80.36, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to imprisonment, as follows: (a) in the case of a misdemeanor, the court shall set a maximum term not to exceed one (1) year; (b) in the case of a pet…

In the cases designated in §§ 80.40 and 80.42, a person who has been convicted of a misdemeanor may be sentenced to an extended maximum term of imprisonment not to exceed three (3) years. SOURCE: G.P.C. §§ 666, 667; *M.P.C. § 6.09. CROSS-REFERENCES: §§ 80.40, 80.42 - Extended ter…

(a) Whoever unlawfully possesses or uses a deadly weapon in the commission of a felony punishable under the laws of Guam shall, (1) in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than five (5) years nor more than twen…

(a) Whoever commits a felony punishable under the laws of Guam while on release on a felony charge pursuant to Chapter 40 (Criminal Procedure) of Title 8, Guam Code Annotated, shall, in addition to the sentence imposed for the crime committed while on release, be imprisoned for a…

(a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forg…

The court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The finding of the court shall be incorporated in the record: COL 2024-12-05 (a) The offender is a persistent o…

This Section shall be known and may be cited as “the Justice Safety Valve Act of 2013.” SOURCE: Added by P.L. 33-022:2 (May 7, 2015).

Notwithstanding any other provision of law, the court may depart from the applicable mandatory minimum sentence if the court finds substantial and compelling reasons on the record that, in giving due regard to the nature of the crime, the history and character of the defendant, a…

Section 80.39.1 of this Article shall not apply if the court finds that: (a) the individual has a conviction for the same offense during the ten (10)-year period prior to the commission of the offense; (b) the individual intentionally uses a firearm in a manner that causes physic…

Upon departing from mandatory minimum sentences, judges shall report to the Judicial Council which shall, one (1) year following the enactment of this statute and annually thereafter, make available in electronic form and on the world wide web, a report as to the number of depart…

The court may sentence a person who has been convicted of a misdemeanor to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The findings of the court shall be incorporated in the record: COL 2024-12-05 (a) The offender is a persis…

On petition of the Director of Corrections to the court in which the person was originally sentenced to imprisonment the court may extend his sentence to the terms prescribed by §§ 80.32 and 80.36 if it finds that such extension is necessary for protection of the public. In the c…

(a) For purposes of Subsection (a) of § 80.38or § 80.40, a conviction of the commission of a crime in another jurisdiction shall constitute a previous conviction. Such conviction shall be deemed to have been a felony if sentence of death or of imprisonment in excess of one (1) ye…

(a) When an offender who is sentenced to imprisonment has previously been detained in any territorial, state or local correctional or other institution, for the conduct for which such sentence is imposed, such period of detention shall be deducted from the maximum and minimum ter…

Return is Escape. (a) Except as otherwise provided by law, either the court at the time of sentencing or the Director of Corrections after the offender has been placed in custody, may extend the limits of his confinement to permit the offender to continue in his regular employmen…

(a) The Director of Corrections may extend the limits of the place of confinement of a prisoner entrusted to the Director’s custody, when there is reasonable cause to believe the prisoner will honor the Director’s trust, by authorizing the prisoner, under prescribed conditions, w…

[Codified as 9 GCA § 90.48.] SOURCE: Added as § 80.49.1 by P.L. 32-098:3 (Nov. 27, 2013), renumbered by the Compiler as authorized by 1 GCA § 1606.

A person who has been convicted of an offense may be sentenced to pay a fine or to make restitution not exceeding: (a) Ten Thousand Dollars ($10,000.00), when the conviction is of a felony of the first or second degree; (b) Five Thousand Dollars ($5,000.00), when the conviction i…

(a) The court shall not sentence an offender only to pay a fine or to make restitution, when any other disposition is authorized by law, unless having regard to the nature and circumstances of the offense and to COL 2024-12-05 the history and character of the offender, it is of t…

The court shall require restitution in all cases wherein the offender has been convicted of a crime involving damage to property of the victim when the offender is or, given a fair opportunity to do so, will be able to pay the restitution. SOURCE: Added by P.L. 16-086:2 (May 11, …

(a) When an offender is sentenced to pay a fine or to make restitution, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine or restitution shall be pa…

(a) When an offender sentenced to pay a fine or make restitution defaults in the payment thereof or of any installment, the court, upon the motion of the Attorney General or upon its own motion, may require him to show cause why his default should not be treated as contumacious a…

An offender who has been sentenced to pay a fine and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid portion thereof. If it appears to the satisfaction of the court that…

(a) When Sentence May Not Require Prison Term. COL 2024-12-05 (1) The court, in its discretion, may make disposition with respect to any person who has been convicted of a crime without imposing a sentence of imprisonment, unless a minimum term is made mandatory by a provision of…

(a) If the court suspends the imposition of sentence or places an offender on probation, it shall attach such reasonable conditions, authorized by this Section, as it deems appropriate to assist him to lead a law- abiding life. (b) The court, as a condition of its order, may requ…

(a) If the court has suspended imposition of sentence or has placed an offender on probation, the period of the suspension or probation shall not exceed five (5) years for a felony, two (2) years for a misdemeanor or petty misdemeanor and one (1) year for a violation. (b) [No tex…

(a) At any time before the discharge of the offender or the termination of the period of suspension or probation: (1) upon a showing of probable cause that an offender has violated a condition of his suspension or probation, the court may summon the offender to appear before it o…

(a) The court shall not revoke a suspension or probation or increase the requirements imposed thereby on the offender except after a hearing upon written notice to the offender of the grounds on which such action is proposed. The offender shall have the right to hear and controve…

(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 s…

As used in this Article, “board” means the Guam Parole Board. 2018 NOTE: Reference to “Territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420.

(a) Unless otherwise provided by law, every person confined in a Guam penal or correctional institution shall be eligible for release on parole at any time after the service of two-thirds (2/3) of his or COL 2024-12-05 her fixed sentence or after a greater time set by the Court, …

(a) Each prisoner in advance of his parole hearing shall be requested to prepare a parole plan, setting forth the manner of life he intends to lead if released on parole, including such specific information as to where and with whom he will reside and what occupation or employmen…

(a) Whenever the board considers the release of a prisoner for parole, the board shall order his release, if it is of the opinion after review of the records mandated in 9 GCA § 80.78, that: (1) his release is compatible with public safety and security and will not put victims’ s…