Title 9, Crimes and Corrections

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…

For purposes of Article 5 of this Chapter: (a) “Prison” shall mean any confinement facility under the direct or indirect supervision or control of the Department of Corrections (DOC) any portion of which is designed to incarcerate sentenced offenders. (b) “Rated Capacity” shall m…

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…

Before making a determination regarding a prisoner’s release on parole, the board shall cause to be brought before it, and it shall be the responsibility of the Department of Corrections or administrative head of the institution in which an offender is held and the Clerk of Court…

(a) If a prisoner is released on parole, the board shall require as a condition of his parole that he refrain from engaging in criminal conduct. The board may also require, as a condition of parole, either at the time of his release on parole or at any time and from time to time …

(a) If the parole officer has probable cause to believe that a parolee has violated a condition of parole, he shall notify the board. After consideration of the records submitted, and after such further investigation as it may deem appropriate, the board may order: (1) that the p…

(a) If a parolee has been ordered held in accordance with the terms of his original commitment pursuant to § 80.82, the board shall hold a hearing within sixty days of such order to determine whether his parole should be revoked. (1) The parolee shall have reasonable and written …

(a) A parolee whose parole is revoked for violation of the conditions of parole shall be recommitted for the term provided by Subsection (c) of § 80.70 after credit thereon for the period served on parole prior to the violation. (b) A parole whose parole has been revoked may be c…

(a) The board may, by written order, relieve a prisoner on parole from making further report to his parole officer, and may, in writing, permit such prisoner to leave Guam and reside elsewhere if satisfied that such change of residence is for the best interest of society and the …

As used in this Article: (a) “Alternative Community Service” means repayment of the general public for the expenses incurred incidental to the crime. Repayment shall be by donation of time by doing public service work at entities or for persons so as to benefit the general public…

In lieu of or in addition to a fine, confinement or probation, a judge in any felony case where force or violence is not an element of the offense of which the defendant stands convicted, or in any misdemeanor, petty misdemeanor, or violation case, including juvenile cases, but e…

(a) Any sentence imposed under this Article shall contain the time necessary for the completion of the sentence and shall include the penalties of a fine or confinement that will be imposed in the event that such sentence is not completed. (b) In the event that the offender fails…

(a) Guam and its political subdivisions shall not be liable in any way for any personal injury, civil damages, worker’s compensation or unemployment compensation as a result of any injury while the person is doing alternative community service. (b) All work service sentences impo…

(a) Any credit for community service against the fine imposed shall be given at any hourly rate that equals or exceeds the minimum wage prevailing in Guam. (b) Restitution to a crime victim shall be either in monetary payment for damages and should not exceed the actual amount lo…

(a) Any person in custody may work at cleaning up littered areas, parks and beaches or other types of work details beneficial to the island of Guam, including participation in a pre- apprenticeship program authorized through the Guam Registered Apprenticeship Program as provided …

(a) No person shall suffer any legal disqualification or disability because of his conviction of a crime or his sentence on such conviction, unless the disqualification or disability involves the deprivation of a right or privilege which is: (1) necessarily incident to execution …

(a) A person holding any public office who is convicted of a crime shall forfeit such office if: (1) he is convicted under the laws of this Territory of a felony or under the laws of another jurisdiction of a crime which, if committed within this Territory, would be a felony; or …

Notwithstanding any other provision of law, a person who is convicted of a crime shall be disqualified: (a) from voting in a primary or general election if and only so long as he is committed under a sentence of imprisonment; and (b) from serving as a juror until he has satisfied…

(a) The board of parole may remove any disability or disqualification imposed by law on a person found guilty of crime, if such person has completed the maximum term of his sentence or completed a period of suspension or probation as provided by § 80.64, or has been discharged fr…

This Chapter may be cited and referred to as the Youth Correction Act.

Unless the context otherwise requires, the definitions set forth in this Section govern the construction of this Chapter: (a) Board means the Territorial Parole Board. (b) Department means the Department of Corrections. (c) Director means the Director of the Department of Correct…