Title 9 — Crimes and Corrections

As used in this Chapter: (a) Director means the Director of Corrections. (b) Department means the Department of Corrections.

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 Gua…

The Department shall protect the public from the destructive action of law offenders through control and rehabilitation. It shall provide staff services for the judiciary, the Parole Board, probation officers and interested agencies of the Executive Branch.

Corrections Officers. (a) Notwithstanding other provisions of law to the contrary, persons appointed as Corrections Officer shall: (1) be a resident of Guam and a U.S. citizen; (2) be of good health and good moral character; (3) be over the age of eighteen (18) years; (4) be a hi…

Cycle. (a) The Department of Corrections shall conduct a corrections officer recruits training cycle for at least twenty (20) candidates per fiscal year. (b) Each year, the Director of the Department of Corrections shall determine the total cost to conduct a recruitment and train…

There is hereby the established Corrections Advisory Council, composed of the Chairman of the Guam Parole Board, the Chief Judge of the Superior Court, the Administrator of Social Services (Director, Public Health and Social Services) or his designee, the Principal of the Vocatio…

(a) There is hereby created within the Department of Corrections (DOC) the Civilian Corrections Reserve Program (CCRP), which shall be headed by the Director of DOC (Director). (b) The Director, subject to the advice and control of the Governor, shall be responsible for carrying …

(a) The general functions and duties of the CCRP shall be to provide backup manpower to protect the public from the destructive actions of law offenders through control and rehabilitation. It may provide staff services to the Judiciary, the Parole Board, probation officers, and i…

(a) The Director shall recruit, on an entirely volunteer basis, local residents who desire to make available their services to assist the Department of Corrections in carrying out the function of protecting the public from the destructive actions of law offenders through control …

(a) Training for the CCRP members shall be conducted pursuant to the provisions of the Peace Officer Standards and Training (POST) Commission in 17 GCA Chapter 51. Initial training requirements shall be identical to those required of DOC cadets. (b) The Director shall maintain a …

Whenever members of the CCRP are rendering assistance to DOC, such volunteers shall have the same powers, duties, rights (including coverage under the Worker’s Compensation Act), privileges and immunities, as if they were paid, full-time members of the Department of Corrections, …

Each member of the CCRP who successfully completes probationary requirements as established by the Director, and who serves a minimum of twenty (20) hours to maintain good standing as a CCRP officer, and forty-two (42) hours per month, shall receive an allowance of Five Hundred D…

(a) The Department of Corrections (DOC) may employ a CCRP officer on a temporary, full-time basis, if such officer is an active member and has attained at least two thousand eighty (2,080) cumulative service hours when a critical need arises due to military activation of DOC offi…

(a) No person shall be a volunteer member of the CCRP established under this Article who advocates a change by force or violence in the constitutional form of the Government of the United States or of Guam, or the overthrow of any government in the United States by force, or who …

The Director is authorized and empowered to recommend to the Governor for issuance as executive orders the making, amendment, and rescission of such orders, rules and regulations as may be necessary to carry out the provisions of this Article. SOURCE: Added by P.L. 35-064:1 as § …

The Director shall establish and operate correctional institutions, and other places of confinement, for prisoners serving sentences of imprisonment imposed by the Courts of Guam and other authorized prisoners, and other persons placed in the custody of the Director, pursuant to …

In the event that a court of competent jurisdiction finds that a facility used to detain persons charged with a crime is inadequate, the court may direct the Director to hold such persons in his custody. Such person shall be detained in an area separate and apart from those perso…

The Director subject to the approval of the Governor by Executive Order, is authorized to make rules and regulations for the administration of correctional institutions and other places of confinement, including, but not limited to, necessary disciplinary measures for inmates the…

(a) I Liheslaturan Guåhan finds that the Department of Corrections (DOC) was established by Public Law 9-208 on July 18, 1968 within the executive branch of the Government of Guam. Before the enactment of Public Law 9-208, the Department of Corrections was first known as the Guam…

For the purposes of this Article and unless otherwise specified, the following words and phrases are defined to mean: (a) Act means Article 7 of Title 9, Chapter 90, Guam Code Annotated, which shall be known as “The Department of Corrections Modernization Act of 2021.” (b) Contra…

(a) For the purpose of facilitating the financing, design, construction, and maintenance of the new Department of Corrections encompassed by this Act, the Government of Guam is authorized to lease property that will be used for the new Department of Corrections, as required, to t…

(a) The Guam Economic Development Authority, in consultation with the Director of the Department of Corrections, shall utilize the program study of the correctional agency to identify and prioritize potential projects to be completed. (1) The list of projects identified by the Pr…

The contract shall require that the contractor/developer be responsible for all costs, expenses, and fees of any kind or nature, associated with the design, civil improvements, on-site and off- site infrastructure, construction, permits, and financing associated with the completi…

Prior to undertaking the work of finance, design, construction, and maintenance of the new Department of Corrections, the Guam Economic Development Authority, in consultation with the Department of Corrections and the contractor/developer, shall negotiate and enter into a binding…

To facilitate the purpose of this Act and provide security for the holders of any financing instruments issued pursuant to this Act, the contractor/developer may assign, without the need of the consent of the Guam Economic Development Authority, the contract, the lease and the le…

(a) Rental payments under the lease and the lease-back may be secured by a pledge or other reservation of revenues collected by the Government of Guam from the following: (1) The sum of no more than Five Million Dollars ($5,000,000) from the revenues received pursuant to 11 GCA C…

Financing Instruments for Financing. (a) To minimize the financing cost to the Government of Guam, financing utilized by the contractor/developer to fund the design, construction, and maintenance of the Department of Corrections shall be through tax-exempt obligations, taxable bo…

System. (a) For the purpose of ensuring the long-serving duration of the Department of Corrections facility, GEDA may include in the specifications for the new correctional facility, the requirement for a prison information management system, a security and surveillance system, a…

The contractor/developer shall be responsible for the connection and payment of all utilities, including without limitation, power, water, sewer, telephone, and cable and all maintenance and repair and exterior groundskeeping and landscaping and upkeep of the Department of Correc…

The contract with the contractor/developer, and the lease- back shall provide that all capital maintenance and repair of the Department of Corrections facility be performed by the contractor/developer. The contractor/developer shall provide sufficient funding for a separate maint…

The Guam Economic Development Authority, in consultation with the Department of Corrections, may promulgate rules and regulations pursuant to the Administrative Adjudication Law as necessary to implement the provisions of this Article.

GEDA shall prepare a financial plan in accordance with the following: (a) At a minimum, the financial plan shall include a comprehensive report of the associated costs and sources of revenues required for the duration of the Department of Corrections Modernization Act of 2021 (Pr…

Staff. (a) The Director may establish such divisions or other organizational units as he may determine to be necessary for the efficient and effective administration and operation of the Department. Each such division or organizational unit shall be subject to the supervision and…

As head of the Department, the Director: (a) Shall administer the Department. (b) Shall exercise and discharge the powers and duties of the Department through such divisions, or other organizational units as he may establish pursuant to this Chapter or as otherwise provided by la…

Notwithstanding any other provision of law, the Department of Corrections (DOC) is authorized to operate or outsource the operation of an inmate commissary within the confines of DOC. This Section shall exempt DOC from the provisions of 21 GCA § 60112 in order to provide DOC the …

(a) The Director of DOC may operate, or contract with another person or entity to operate, a commissary for the use of the inmates confined at DOC. (b) In accordance with 5 GCA Chapter 5 (Guam Procurement Law), the Department of Corrections is authorized to enter into a contract …

(a) There is hereby established a Fund to be known as the Corrections Commissary Fund (CCF), which shall be maintained separate and apart from other funds of the government of Guam. All funds collected by the government of Guam from the operations of a commissary shall be deposit…

(a) There is hereby created, within the Department of Corrections, a revolving fund called the “Inmate Phone Access Fund” (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (1) Notwithstanding any other provision of…

Correctional Institutions. The Director is authorized to enter into one or more contracts with the Attorney General of the United States pursuant to the authority granted to the Attorney General of the United States by Title 18, United States Code, § 5003, for the custody, care, …

(a) Existence of correctional emergency. The Director may declare a correctional emergency under the following circumstances: (1) When the Director determines the existence of conditions which have affected, or in the immediate future will affect, the physical integrity of any co…

The Director of Corrections is authorized to transfer an inmate to a correctional institution outside of Guam in non- emergency circumstances. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” p…

The Director may recommend the transfer of an inmate to an institution outside of Guam for disciplinary reasons in the following circumstances: (a) when an inmate is alleged by an officer, employee or other inmate to have committed a violation of such institution’s rules or regul…

The Director may recommend the transfer of an inmate to an institution outside of Guam for non-disciplinary circumstances under either of the following circumstances: (a) whenever the Director determines that, due to the physical or mental condition of an inmate, the present inca…

Whenever the Director of the Department of Corrections determines that an inmate be recommended for transfer to a correctional institute outside of Guam, the Director shall convene a Transfer Review Committee to review the basis for such recommended transfer. The Director shall p…

(a) The Transfer Review Committee shall base its determination for transfer upon substantial evidence as presented on the record at hearing, and shall be final. No inmate shall be recommended for transfer while any conviction for which he was incarcerated is on appeal. Any statem…

(a) The Director of the Department of Corrections must make reasonable efforts to provide a breast pump and a sanitary room, other than a toilet stall, or a private area where a nursing mother confined at the Department of Corrections facilities can express her milk. (b) A nursin…

There is hereby created, within the Department of Corrections, a revolving fund called the ‛Corrections Revolving Fund’, which shall be established by the Department of Administration in accordance with the following provisions: (a) All funds collected from the U.S. Marshal Servi…

The purpose of this Article is to enact enabling legislation for the enactment of the Western Interstate Corrections Compact, hereinafter referred to as the Compact. This Article may be cited as the Western Interstate Corrections Compact Enabling Act. 2021 NOTE: P.L. 36-037:2 (Ju…

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 i…

The Compact as contained herein is hereby enacted into law and entered into on behalf of Guam with any and all states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by comm…