Title 9, Crimes and Corrections

If, at any time before the unconditional discharge of a committed youth offender, the Board is of the opinion that such youth offender will be benefited by further treatment in an institution or other facility the Board COL120106 may direct his return to custody or if necessary m…

Expiration of Maximum Sentence. Upon the unconditional discharge by the Board of a committed youth offender before the expiration of the maximum sentence imposed upon him, the conviction shall be automatically set aside and the Board shall issue to the youth offender a certificat…

or Treatment of Non-Youth Offenders. (a) Nothing in this Chapter shall limit or affect the power of a court to suspend the imposition or execution of any sentence or to place a youth offender or probation pursuant to Chapter 80 (commencing with § 80.00). (b) Nothing in this Chapt…

for Department of Corrections Inmates. (a) There is hereby established within the Department of Corrections (the "Department") a Rehabilitative and Developmental Program for Inmates (the "Program"). The purpose of the Program is to provide gainful employment to the persons who, h…

(a) Inmates shall be paid by the Department at rates determined by the Director by regulation. (b) The inmate's wages derived from the Program, before being disbursed to the inmate, shall be divided and disbursed as follows: (1) Ten percent (10%) to be deposited in the inmate's n…

(a) Every effort shall be made by the Director to make the Program self-supporting from the funds generated therefrom. The Director shall submit to the Governor and to the Speaker of the Legislature a full report on the status of the Program within ninety (90) days after the enac…

The Director shall establish a general account into which shall be deposited that portion of the inmates' wages designated for deposit in the Fund for payment of victim's compensation.

The allocation of wages earned by participants in the Program shall also apply to the income of inmates receiving wages from outside employment as permitted by other programs of the Department, but, implementation of this provision shall be delayed until such time as it COL120106…

All existing inmate industry programs of the general type established by this Chapter shall become a part of the Program and administered in accordance herewith.

This Chapter shall not supersede, nor affect, any programs undertaken pursuant to Chapter 81 of this Title. SOURCE: Added by P.L. 21-75:1. ---------- COL120106

(a) There is in the Executive Branch of the government of Guam, a Guam Parole Board, hereinafter referred to as the Board, consisting of five (5) members appointed by I Magaʹlåhi [the Governor], by and with the advice and consent of I Liheslatura [the Legislature]. (1) Only perso…

COL11282017 The Board shall elect a chairperson from among its members. (a) The chairperson shall be elected by its members every two (2) years. (b) The Board shall meet regularly at least once a month. (c) Special meetings may be called by the chairperson. (d) Not less than thre…

The terms of office for the members shall be four (4) years, and until their successors are appointed and have qualified. A vacancy occurring before expiration of the term of office shall be filled for the unexpired portion thereof.

Members of the Board shall receive no compensation for their service while on the Board; provided, however, that they shall be reimbursed for reasonable travel and out-of-pocket expenses incurred in the performance of Board duties as certified by the Treasurer of Guam.

(a) The Board is authorized to release on parole any person confined in any penal or correctional institution of Guam, and to revoke parole or discharge from parole any parolee as provided in Article 5 (commencing with § 80.70) of Chapter 80. The Board shall adopt such rules and …

Upon approval of a majority of its members, the Board shall have power to issue subpoenas requiring the attendance of such witnesses and the production of such records, books, papers and documents as it may deem necessary for investigation of the case of any person before it. Sub…

The Board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the Board shall be by majority vote.

The Board shall keep a record of its acts, and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the Board shall submit to the Governor a report with statistical and other data of its wor…

The parole officer shall: (a) be responsible for investigation, supervision and reports as may be requested by the Board; (b) formulate methods of supervision, record keeping and reports; (c) furnish to each person released under his supervision a written statement of the conditi…

COL11282017 The Governor shall appoint an Executive Secretary for the Board and such other clerical and administrative personnel as are necessary to carry out the provisions of this Chapter.

Pursuant to 8 GCA Chapter 160, also known as the Crime Victim’s Rights Act of 2004, the Board and Parole Officers shall adhere to all of their responsibilities and honor all of the rights afforded to victims as outlined in the Chapter. SOURCE: Added by P.L. 34-028:5 (July 13, 201…

All information obtained in the discharge of official duty by any employee appointed pursuant to this Chapter shall be privileged and shall not be disclosed directly or indirectly to anyone other than to the Board, or others entitled under this Code to receive such information, u…

The Board, with the written consent of the Governor, shall have the power and duty to accept from the United States of America or any of its agencies, such advisory services, funds, equipment and supplies as may be made available to Guam for any of the purposes contemplated by th…

Maximum of $25. When a prisoner is placed on parole, he shall receive from Guam civilian clothing and transportation to the place in Guam in which he is to reside. At the discretion of the Board, the prisoner may be advanced such sum for his temporary maintenance as said Board ma…

This Act may be cited as the Criminal Justice System Substance Abuse Act of 1995.

The Legislature hereby declares that substance abuse, specifically the abuse of alcohol and controlled substances, is a major problem in the criminal justice system of the Territory of Guam and in the entire Territory. Substance abuse is a significant factor in the commission of …

(a) The Superior Court of Guam, the Department of Corrections, the Territorial Parole Board, the Guam Police Department, and the Guam COL372014 Behavioral Health and Wellness Center shall cooperate to develop and implement the following: (1) A standardized procedure for the asses…

and Controlled Substance Offenders. (a) Each person convicted of a felony committed on or after the effective date of this Act who is to be considered for probation, shall be required, as part of the presentence or probation investigation, to submit to an assessment for the use o…

Based Upon Assessment Required. (a) Each person sentenced by the court for a felony committed on or after the effective date of this Act shall be required, as part of any sentence to probation, community corrections, or incarceration with the Department of Corrections, to undergo…

(a) The Superior of Guam, the Guam Behavioral Health and Wellness Center, the Department of Corrections, and the Territorial Parole Board, shall cooperate to develop programs for the periodic testing of offenders under the jurisdiction of each agency and programs for the periodic…

Any type of sample for the chemical testing of any offender for the presence of controlled substances or alcohol pursuant to this Act may be collected from such offender by his probation officer, parole officer, case manager within the Department of Corrections, or any contract p…

There is established a Drug Treatment and Enforcement Fund, which shall be maintained by the Department of Administration separately from the General Fund or any other fund of the government of Guam. All funds collected from fines levied against offenders convicted of any offense…

On or before September 1, 1996, the Superior Court of Guam, the Department of Corrections, the Territorial Parole Board, the Guam Police Department, and the Guam Behavioral Health and Wellness Center shall jointly make a report to a committee meeting of the Guam Legislature's sta…

As used in this Chapter: (a) Minor means a person below the age of eighteen (18) years. (b) Criminal offense against a victim who is a minor means any criminal offense that consists of any of the following: (1) felony kidnapping, felonious restraint, felony child stealing, and cu…

(a) Level One Offender. Any person convicted of any of the following offenses, including a conviction for an attempt or conspiracy to commit any of the following offenses, shall be considered a Level One Offender. (1) A Sexually Violent Offense as defined in § 89.01(d)(1); (2) Gu…

(a) Persons Required to Register on Guam. The following persons shall have the absolute duty to register on Guam at the Judiciary of Guam, Probation Division, pursuant to this Chapter: (1) Residents. Any person who resides on Guam that has been or is hereafter convicted of a sex …

A registrant shall continue to comply with this Chapter, except during ensuing periods of incarceration, for the following period of time: (a) Lifetime; Level One and Level Two Offenders. A Level One Offender or Level Two Offender must comply with this Chapter for the length of t…

(a) Initial Registration. Intentional or knowing failure to provide initial registration information shall delay the registrant’s release if the registrant is to be released, or make the registrant ineligible for probation if the registrant is to be placed on probation. Intention…

Failure to Register. (a) Failure to Appear. In the event a sex offender fails to register on Guam as required by this Chapter, then the Judiciary of Guam, Probation Division, or designee shall immediately inform the jurisdiction that provided notification that the sex offender wa…

Parole Services and Probation Division of the Judiciary of Guam; Initial Registration. If a registrant is placed on parole or placed on probation, or prior to the registrant being released from incarceration, the Department of Corrections, the Parole Services Division, or the Jud…

The Guam Police Department shall: (a) inform all persons required to register under this Chapter of their duty to register; (b) require any person required to register under this Chapter who has not yet provided his or her initial registration information to read and sign a form …

(a) Repository. The Judiciary of Guam shall be the central repository for all registration information gathered pursuant to this Chapter, in addition to all criminal history records information. (b) Sole Source of Submission of Information to the Federal Bureau of Investigation (…

Sex Offender Registry. The Judiciary of Guam shall: (a) supervise, upkeep, and maintain the Crimes Against Minors and Sex Offender Registry; (b) inform the registrant of his/her registration duties under this Chapter; (c) ensure that any person required to register under this Cha…

(a) Public Sex Offender Registry Website. There is hereby established a public sex offender registry website, which the Judiciary of Guam, Probation Division, shall maintain and operate pursuant to the provisions of this Chapter, as amended. (b) Functionality. The Judiciary of Gu…

Law enforcement agencies, their employees and government of Guam officials shall be immune from any civil or criminal liability for good faith conduct under this Chapter, unless it is shown that the agency, employee, government official or board member acted with gross negligence…

(a) The Superior Court may order that a sex offender wear an electronic monitoring device, as defined by § 89.01 (w) of this Chapter, for any portion of or all of the duration of his probation, as a condition of his probation. The offender shall pay for the purchase or lease of t…