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Guam Statutes, Title 9

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Title 9, Crimes and Corrections

48 chapters · 836 sections in this title.

All chapters in Title 9836 Ch 67, Guam Uniform Controlled Substances Act84 Ch 80, Disposition of Offenders63 Ch 90, Corrections62 Ch 46, Forgery, Fraudulent Practices and Te…51 Ch 43, Theft and Related Offenses39 Ch 7, Exemptions and Defenses37 Ch 70, Miscellaneous Crimes35 Ch 92, Safe Streets Act of 201834 Ch 26, Human Trafficking and Criminal Explo…26 Ch 1, Preliminary Provisions; Definitions24 Ch 28, Public Indecency23 Ch 30, Family Violence22 Ch 64, Gambling18 Ch 83, Youth Correction Act18

62 sections·Filtered byTitle 9✕Ch 90✕

9 GCA § 90.10 Definitions
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As used in this Chapter: (a) Director means the Director of Corrections. (b) Department means the Department of Corrections.
9 GCA § 90.100 [Untitled Section]
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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…
9 GCA § 90.15 General Duties of Department of Corrections
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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.
9 GCA § 90.16 Minimum Qualifications for Department of
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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…

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9 GCA § 90.16.1 Annual Corrections Officer Recruits Training

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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…

9 GCA § 90.20 Corrections Advisory Council Established

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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…

9 GCA § 90.201 Creation

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(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 …

9 GCA § 90.202 Functions and Duties

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(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…

9 GCA § 90.203 Recruitment

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(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 …

9 GCA § 90.204 Training, Equipping, and Maintenance of Records

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(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 …

9 GCA § 90.205 Reservist: Authority

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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, …

9 GCA § 90.206 Same: Allowance

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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…

9 GCA § 90.207 Authorization for Full-Time CCRP Officers

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(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…

9 GCA § 90.208 Same: Eligibility and Oath

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(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 …

9 GCA § 90.209 Rules and Regulations: Recommendations

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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 § …

9 GCA § 90.25 Director to Establish Prisons

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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 …

9 GCA § 90.27 Prison May Serve as Overflow Lock-Up

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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…

9 GCA § 90.30 Rules, Regulations & Disciplinary Rules Authorized

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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…

9 GCA § 90.301 Legislative Findings and Policy

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(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…

9 GCA § 90.302 Definitions

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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…

9 GCA § 90.303 Authorization to Enter into Long-Term Leases

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(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…

9 GCA § 90.304 Identification Projects and Procurement

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(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…

9 GCA § 90.305 Responsibility of Contractor/Developer

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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…

9 GCA § 90.306 Contractual Safeguards

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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…

9 GCA § 90.307 Assignments

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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…

9 GCA § 90.308 Pledge or Reservation of Revenues

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(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…

9 GCA § 90.309 Use of Tax-Exempt Bond, Taxable Bond, and Other

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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…

9 GCA § 90.310 Prison IT, Building, and Security Management

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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…

9 GCA § 90.311 Utilities and Routine Maintenance and Repair

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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…

9 GCA § 90.312 Maintenance Fund

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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…

9 GCA § 90.313 Rules and Regulations

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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.

9 GCA § 90.314 Financial Plan Required

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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…

9 GCA § 90.35 Director to Control Organization of DOC; Appoint

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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…

9 GCA § 90.40 General Duties of Director of Corrections

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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…

9 GCA § 90.41 Inmate Commissary

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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 …

9 GCA § 90.42 Operation of Inmate Commissary

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(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 …

9 GCA § 90.43 Corrections Commissary Fund

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(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…

9 GCA § 90.44 Inmate Phone Access Act of 2021

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(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…

9 GCA § 90.45 Authorization to Transfer Prisoners to Federal

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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, …

9 GCA § 90.46 Emergency Transfers of Inmates

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(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…

9 GCA § 90.47 Inmate Transfer: Non-Emergency

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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…

9 GCA § 90.47.01 Same: Disciplinary Transfer

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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…

9 GCA § 90.47.02 Same: Non-disciplinary Transfer

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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…

9 GCA § 90.47.03 Same: Procedures for Transfers

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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…

9 GCA § 90.47.04 Same: Basis of Determination

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(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…

9 GCA § 90.48 Nursing Mothers-Accommodations

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(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…

9 GCA § 90.49 Corrections Revolving Fund

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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…

9 GCA § 90.50 Purpose of Article

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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…

9 GCA § 90.51 Compliance to §§ 90.46-90.48

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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…

9 GCA § 90.52 Compact Stated

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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…