Title 9 — Crimes and Corrections

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 SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” p…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…

Prisoner Outside of Guam Pursuant to Terms of Compact. The Director of Corrections may commit or transfer any inmate of a penal institution under his responsibility to any institution without Guam if Guam has entered into a contract or contracts for the confinement of inmates in …

Compact. The courts, departments, agencies and officers of Guam shall enforce this Compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission …

Hearings as Required by Compact. The Director of Corrections is hereby authorized and directed to hold such hearings as may be requested by any party state pursuant to Article IV(f) of the Compact.

The Governor is hereby empowered to enter into such contracts as may be appropriate to implement the participation of the territory of Guam in the Compact pursuant to Article III thereof.

Ending Sentence Out-of-Guam. Where the inmate of an institution within Guam is committed or transferred to any institution outside Guam pursuant to § 90.54, and if such inmate is discharged in the receiving state by agreement pursuant to Article IV(g) of the Compact, where such i…

The provisions of this Article shall be severable and if any phrase, clause, sentence, or provision of the Article is declared to be invalid or the applicability thereof to any state, agency, person or circumstances is held invalid, the validity of this Article and the applicabil…

This Article shall become effective upon the enactment of consent legislation by the United States Congress in accordance with Article VII of the Compact. ---------- ARTICLE 3 INTERSTATE COMPACT ON JUVENILES

The purpose of this Article is to enact enabling legislation for the Interstate Compact on Juveniles, hereinafter referred to as the Compact. This Article may be cited as the Interstate Compact on Juveniles Enabling Act.

The Governor of Guam is hereby authorized to execute and enter into a Compact on behalf of t Guam with any and all states, territories, Trust Territories and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico legally joined therein in …

Administrator: Duties. Pursuant to the Compact the Presiding Judge of the Superior Court shall be the Compact Administrator and shall promulgate rules and regulations to carry out the terms of the Compact. The Compact Administrator may enter into agreements with appropriate offic…

(a) Prison Industries, Established. The Department of Corrections is hereby authorized to establish such prison industries as may be feasible to provide a means for inmates and detainees to receive job training and skills development; to provide opportunities for the earning of w…

(a) There is hereby created, within the Department of Corrections, a revolving fund called the “Prison Industries Revolving Fund” (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (b) All funds collected from § 90.…

[Repealed, reserved, or text not separately stated.]

This Act may be known and cited as the “Infant Child’s Right to Life Act.”

(a) I Liheslaturan Guåhan finds that: (1) All children, no matter their age, have the right to life. Guam has a paramount interest in protecting all human life. (2) If an abortion results in the live birth of an infant, the infant is a legal person for all purposes under the laws…

For the purposes of this Act only: COL10312014 (a) Abortion means the termination of a human pregnancy with an intention other than to produce a live birth or to remove a dead fetus. (b) Born alive or live birth means the complete expulsion or extraction of an infant from his or …

(a) A person shall not deny or deprive an infant of nourishment with the intent to cause or allow the death of the infant for any reason. COL10312014 (b) A person shall not deprive an infant of medically appropriate and reasonable medical care and treatment or surgical care. (c) …

(a) Any physician, nurse, or other licensed healthcare provider who intentionally with premeditation, or intentionally, or knowingly, or recklessly, or by criminal negligence fails to provide reasonable and medically-appropriate and reasonable care and treatment to an infant in t…

In addition to whatever remedies are available under the common or statutory laws of Guam, failure to comply with the requirements of this Act shall: (a) provide a basis for a civil action for compensatory and punitive damages. Any conviction under this Act shall be admissible in…

As used in this Chapter: (a) Alcohol means a volatile or, flammable liquid synthesized or obtained by fermentation of sugars and starches, and widely used, either pure or denatured, as a solvent and in drugs; an intoxicating beverage with the same characteristics. (b) Bodily inju…

It is unlawful for a person to drive, operate, or be in physical control of any motor vehicle within Guam: (a) While driving impaired, as defined in § 92101(f); (b) having an alcohol concentrate of 0.08 percent, or more, by weight, of alcohol in his blood as shown by a chemical a…

(a) Any person who, in reckless disregard for the safety of persons or property, operates a motor vehicle while driving impaired shall be guilty of a petty misdemeanor. (b) If the People agree to a plea of guilty or nolo contendere to a charge of a violation of this Section in sa…

A person convicted of a first violation of driving while impaired is guilty of a misdemeanor and shall be sentenced as follows: (a) A term of incarceration of not less than a mandatory forty-eight (48) hours, nor more than one (1) year. (b) A mandatory minimum fine of not less th…

A person convicted of a second violation of driving while impaired, and the offense occurred within five (5) years of a prior conviction, is guilty of a misdemeanor, and shall be sentenced as follows: (a) A term of incarceration of not less than a mandatory seven (7) days, nor mo…

A person convicted of a third violation of driving while impaired, and the offense occurred within five (5) years of two (2) separate prior convictions for such an offense, is guilty of a felony of the third degree and, notwithstanding any other provision of law, shall be sentenc…

A person convicted of a fourth violation of driving while impaired, and the offense occurred within seven (7) years of three (3) separate prior convictions for driving while under the influence, is guilty of a felony of the third degree, and notwithstanding any other provision of…

(a) It is unlawful for any person to operate or be in physical control of a motor vehicle while driving impaired and, when doing so, do any act forbidden by law or neglect any duty imposed by law in the driving of the vehicle, or who negligently drives a vehicle, which act or neg…

Felony Punishment. A person convicted of driving while impaired is guilty of a felony of the third degree if at the time of arrest, he or she was operating a motor vehicle in which a child under the age of sixteen (16) was a passenger, or if a child under the age of sixteen (16) …

(a) A person is guilty of vehicular homicide if he or she does any act forbidden by law in operating or driving a vehicle, or if he or she negligently operates or drives a vehicle, which act or negligence proximately causes death to any person other than himself or herself. (b) V…

Felony Punishment. (a) A person is guilty of vehicular homicide while driving impaired (1) if he or she does any act forbidden by law in driving while impaired, or (2) if he or she negligently operates or drives a vehicle while impaired, which act or negligence proximately causes…

Misdemeanor: Punishment. It is unlawful for any person to drink any alcoholic beverage or consume a controlled substance while driving a motor vehicle within Guam. Any person convicted of violating this Section shall be guilty of a misdemeanor.

Misdemeanor: Punishment. It is unlawful for any person to drink any alcoholic beverage or consumes a controlled substance while riding in a motor vehicle within Guam. Any person convicted of violating this Section shall be guilty of a misdemeanor.

Punishment. (a) It is unlawful for any person to transport or possess alcohol in a container in which the original cap or seal of the container has been opened, broken, or the contents of which have been partially removed when the vehicle is upon a public highway. Any person conv…