Title 9 — Crimes and Corrections
48 chapters · 842 sections in this title.
9 GCA § 88.60 Report to the Legislature
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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…
9 GCA § 89.01 Definitions
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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…
9 GCA § 89.02 Classification of Offenders
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(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…
9 GCA § 89.03 Registration; Duty to Register
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(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 …
9 GCA § 89.04 Duration of Registration
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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…
9 GCA § 89.05 Penalties
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(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…
9 GCA § 89.06 Failure to Appear for Registration, Absconding and
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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…
9 GCA § 89.07 Duties of the Department of Corrections and the
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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…
9 GCA § 89.08 Duties of the Guam Police Department
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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 …
9 GCA § 89.09 Duties of the Judiciary of Guam
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(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 (…
9 GCA § 89.10 Duties of the Judiciary of Guam in Managing the
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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…
9 GCA § 89.11 Notification
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(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…
9 GCA § 89.12 Immunity for Good Faith Conduct
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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…
9 GCA § 89.13 Electronic Monitoring of Sex Offenders
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(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…
9 GCA § 89.14 Limitations on the Use of Electronic Mail (e-mail)
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by Registered Sex Offenders. (a) Any person required to register as a sex offender pursuant to the provisions of this Chapter shall include identifying information in the “reply to” and/or “sender” and/or “from” field(s) in any e-mail account established and used by the registere…
9 GCA § 89.15 Limitations on Employment of Convicted Sex
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Offenders. Any person convicted of a violation of Chapters 25 and 25.1 of this Chapter and/or is required to register as a Sex Offender pursuant to the provisions of this Chapter, may not be employed, directly or through an independent contractor, in any of the following: (a) a m…
9 GCA § 89.16 Cases Under Appeal
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The trial judge may not stay any judgement of conviction as it relates to the registration requirements contained in this Chapter. SOURCE: Added by P.L. 35-051:2 (Nov. 25, 2019). ----------
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…
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…