2019 Guam Statutes
Title 9 - Crimes & Corrections
Chapter 80 - Disposition of Offenders

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Universal Citation: 9 Guam Code §§ 80.00 - 80.106 (2019)

Article 1 - General Provisions
Article 2 - Imprisonment
Article 3 - Fines and Restitution
Article 4 - Probation
Article 5 - Parole
Article 6 - Alternative Community Service
Article 7 - Hormone or Anti Androgen Pilot Treatment Program for Convicted Sex Offenders

9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS CHAPTER 80 DISPOSITION OF OFFENDERS 2014 NOTE: Unless otherwise indicated, the Notes, Comments, Cross References and Court Decisions in this Chapter are the original annotations from the Criminal and Correctional Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). See 2014 Note, Title 9, Chapter 1. When the Criminal and Correctional Code (1977) was “recodified” as Title 9 of the Guam Code Annotated pursuant to P.L. 15-104:8 (Mar. 5, 1980), these original annotations were retained, and were included in past print publications of the GCA. These annotations are included herein for historical purposes. The Source notes, however, have been updated to reflect subsequent changes to each provision. Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. General Provisions. Imprisonment. Fines and Restitution. Probation. Parole. Alternative Community Service. Hormone or Anti-Androgen Pilot Treatment Program for Convicted Sex Offenders. ARTICLE 1 GENERAL PROVISIONS § 80.00. § 80.10. § 80.12. § 80.14. § 80.16. § 80.18. § 80.20. § 80.22. Terms of Imprisonment are Fixed Terms. Types of Sentences Allowed. Presentence Report: Psychiatric Exam: Temporary Imprisonment for Classification. Presentence Report: Use Regulated. Sentence of Corporation. Chapter Not Applicable to Youth Offenders. Civil Commitments in Lieu of Prosecution in Certain Cases. Reduction by Court of Degree of Offense. § 80.00. Terms of Imprisonment are Fixed Terms. All terms of imprisonment specified in the Guam Codes imposed upon conviction of an offense shall be fixed terms, having a determined termination date set at the time of sentencing by the 1 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS court, except as provided for extension of terms of imprisonment under §§ 80.32 and 80.36 of this Code. SOURCE: Added by P.L. 14-143:14 (Sept. 29, 1978). 2014 NOTE: Past print publications of the GCA included the following Comment, which was not an original annotation from the Criminal and Correctional Code (1977): COMMENT: This Section was added to make sure that the former California system of indefinite terms of imprisonment was not implemented in Guam. This Chapter as originally enacted appeared to allow such indefinite terms. § 80.10. Types of Sentences Allowed. (a) Unless otherwise provided by law, the court may suspend the imposition of sentence of a person who has been convicted of a crime in accordance with § 80.60, may order him to be committed in lieu of sentence in accordance with § 80.20 or may sentence him as follows: (1) to imprisonment for a term required by law; (2) to imprisonment and to an additional parole; (3) to pay a fine or make restitution as authorized by law; (4) to alternative community service or to selfimprovement and rehabilitative programs; (5) to be placed on probation as authorized by law; or (6) to pay a fine, to make restitution and to be placed on probation; to make restitution and imprisonment or to pay a fine and imprisonment. (b) Where the judgment of conviction included more than one crime, the sentences imposed may run concurrently or consecutively except that if such sentences run consecutively, the provisions of §§ 80.38, 80.40 and 80.42 shall not be applicable. (c) The court may suspend the imposition of sentence on a person who has been convicted of a violation or may sentence him to pay a fine or make restitution as authorized by § 80.50. (d) Nothing in this Code deprives the court of any authority otherwise conferred by law to decree [a] forfeiture of property, 2 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS suspend or cancel the license, remove a person from office or impose any other civil penalty, such a judgment or order may be included in the sentence. SOURCE: Enacted 1977; repealed and reenacted by P.L. 14-143:9 (Sept. 29, 1978), eff. (Oct. 1, 1978): Subsection (a)(3.5) added by P.L. 15-116, eff. 03/28/80 and amended by P.L. 16-051 (Dec. 12, 1981). Subsection (b) amended by P.L. 19-004:1 (May 21, 1987). 2014 NOTE: Pursuant to the authority granted by 1 GCA § 1606, subsections (a) (3.5) through (5) were renumbered to adhere to the Compiler’s alpha-numeric scheme. § 80.12. Presentence Report: Psychiatric Exam: Temporary Imprisonment for Classification. (a) The probation service of the court shall make a presentence investigation and report to the court before the imposition of sentence unless the court otherwise directs for reasons stated on the record. (b) The report shall not be submitted to the court or its contents disclosed to anyone unless the defendant has pleaded guilty or nolo contendere or has been found guilty, except that a judge may, with the written consent of the defendant, inspect a presentence report at any time. (c) The report of such investigation shall be in writing and so far as practicable shall include (1) an analysis of the circumstances attending the commission of the crime, (2) the offender’s history of delinquency or criminality, (3) physical and mental condition, (4) family situation and background, (5) social, economic and educational background, (6) job experience and occupational skills and aptitude and personal habits, and (7) any other matters that the probation officer deems relevant or the court directs to be included. 3 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (d) Before making disposition in the case of person convicted of a felony or misdemeanor, the court may order the offender to submit to psychiatric observation or examination. (1) The offender may be committed for this purpose for a period not exceeding twenty (20) days (A) to a facility within or licensed by the department of mental health, or (B) the court may appoint a qualified psychiatrist to make the examination. (2) The report of the examination shall be submitted to the court in writing at such time as the court directs. (e) If, after presentence investigation, the court desires additional information concerning an offender, it may order that he be committed, for a period not exceeding ninety (90) days, to the custody of the Department of Corrections, for observation and study at an appropriate reception or classification center before making a final disposition in the case. (1) The department shall advice the court of its findings and recommendations on or before the expiration of such ninety-day period. (2) If the offender is thereafter sentenced to imprisonment, the period of such commitment for observation shall be deducted from the maximum term of such sentence. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606. § 80.14. Presentence Report: Use Regulated. (a) (1) The presentence report shall not be a public record. (2) It may be made available only (A) to the sentencing court, (B) to any reviewing court where relevant to an issue on which an appeal has been taken, (C) to any examining facility, correctional institution, probation or parole department for use in the treatment or 4 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS supervision of the offender and to the parties as provided in this Section. (b) At least two (2) days before imposing sentence the court shall furnish the offender, or his counsel if he is so represented, a copy of the report of the presentence investigation exclusive of any recommendations as to sentence, unless in the opinion of the court the report contains diagnostic opinion which might seriously disrupt a program of rehabilitation, sources of information obtained upon a promise of confidentiality, or any other information which, if disclosed, might result in harm, physical or otherwise, to the defendant or other persons; and the court shall afford the offender or his counsel an opportunity to comment thereon. (c) If the court is of the view that there is information in the presentence report which should not be disclosed under Subsection (b), the court in lieu of making the report or part thereof available shall state orally or in writing a summary of the factual information contained therein to be relied on in determining sentence, and shall give the offender or his counsel an opportunity to comment thereon. The statement may be made to the parties in camera. (d) Any material disclosed to the offender or his counsel shall at the same time be disclosed to the attorney for the Government. (e) (1) Any copies of the presentence investigation report made available to the offender or his counsel and the attorney for the Government shall be returned to the court immediately following the imposition of sentence. (2) Copies of the presentence investigation report shall not be made by the offender, his counsel or the attorney for the Government. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606. § 80.16. Sentence of Corporation. (a) The court may suspend the imposition of sentence of a corporation which has been convicted of an offense or may sentence it to pay a fine or make restitution authorized by § 80.50. 5 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) When a corporation is convicted of a crime or a high managerial agent of a corporation is convicted of a crime committed in the conduct of the affairs of the corporation, the court, in sentencing the corporation or the agent, may direct the prosecuting attorney to institute civil proceedings in the Superior Court to forfeit the charter of a corporation organized under the laws of Guam or to revoke the certificate authorizing a foreign corporation to conduct business in Guam. In such proceedings, the court may order the charter forfeited or the certificate revoked upon finding: (1) that the board of directors or a high managerial agent acting in behalf of the corporation has, in conducting the corporation’s affairs, intentionally engaged in a persistent course of criminal conduct; and (2) that for the prevention of future criminal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked. 2018 NOTE: Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 2014 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme. § 80.18. Chapter Not Applicable to Youth Offenders. Nothing in this Chapter shall affect the power of the court to deal with a youth offender as defined by § 83.15 in the manner provided by § 83.35. § 80.20. Civil Commitments in Lieu of Prosecution in Certain Cases. (a) When a person prosecuted for a felony of the third degree, misdemeanor or petty misdemeanor is a chronic alcoholic, narcotic addict or person suffering from mental abnormality, the court may: (1) order the civil commitment of such person to a hospital or other institution for medical, psychiatric or other rehabilitative treatment; and (2) dismiss the prosecution. 6 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS The order of commitment may be made after conviction, in which event the court may set aside the verdict or judgment of conviction and dismiss the prosecution. (b) The court shall not make an order under Subsection (a) unless it is of the view that it will substantially further the rehabilitation of the defendant and will not jeopardize the protection of the public. § 80.22. Reduction by Court of Degree of Offense. If, when a person has been convicted of an offense, the court, having regard to the nature and circumstances of the offense and to the history and character of the offender, is of the view that it would be unduly harsh to sentence the offender in accordance with the code, the court may enter judgment for a lesser included offense and impose sentence accordingly. ---------ARTICLE 2 IMPRISONMENT 2014 NOTE: This article has undergone extensive amendment since its original enactment and codification. See 2014 Note, Title 9, Chapter 1. P.L. 23-058:3 and 4 (Dec. 5, 1995) added 9 GCA §§ 80.30.1 and 80.31.1, respectively, relative to mandatory sentencing re methamphetamine. P.L. 24-149:2 (Mar. 25, 1998) effected a complete reenactment of Title 9, Chapter 67, Uniform Controlled Dangerous Substances Act, and simultaneously repealed 9 GCA §§ 80.33, and 80.33.1 - 80.33.10. P.L. 26-125:8 (Sept. 4, 2002) repealed § 80.33.11 - § 80.33.13 “to allow for the effective implementation of therapeutic drug courts on Guam.” In light of these amendments and repeals, and in accordance with the authority granted by 1 GCA § 1606, the Compiler of Laws removed the following sections from the GCA: 80.30.1, 80.31.1, 80.33, and 80.33.1 – 80.33.13; and renumbered other provisions in this article. § 80.30. § 80.31. Duration of Imprisonment. Prison Terms for First Offenders. 7 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.32. § 80.34. § 80.36. § 80.37. § 80.37.1. § 80.37.2. § 80.37.3. § 80.38. § 80.39. § 80.39.1. § 80.39.2. § 80.39.3. § 80.40. § 80.42. § 80.44. § 80.46. § 80.48. § 80.49. § 80.49.1 § 80.50. Extended Terms Allowed. Misdemeanor & Petty Misdemeanor Sentences. Same. Deadly Weapons Used in Felonies; Sentence. Felony Committed on Release. [Formerly § 80.37.5] Habitual Offenders. Vulnerable Victim Sentencing Enhancement. [Formerly § 80.37.6] Extended Terms for Felonies: When Allowed: Repeat Offenders. Title. Sentencing. Exceptions. Reporting. Extended Terms for Misdemeanor: When Allowed: Repeat or Multiple Offenders. Extended Term by Petition of Department of Corrections. Previous Convictions Defined. Credit for Prior Detention. Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to Return is Escape. Extension of Limits of Confinement for Humanitarian Reasons: Time Limit: Failure to Return is Escape. Nursing Mothers-Accomodations. Habitual Offenders. [Codified as § 80.37.2.] § 80.30. Duration of Imprisonment. Except as otherwise provided by law, a person who has been convicted of a felony may be sentenced to imprisonment as follows: (a) In the case of a felony of the first degree, the court shall impose a sentence of not less than five (5) years and not more than twenty (20) years; (b) In the case of a felony of the second degree, the court shall impose a sentence of not less than three (3) years and not more than ten (10) years; and 8 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (c) In the case of a felony of the third degree, the court may impose a sentence of not more than five (5) years. SOURCE: Enacted 1977; repealed and reenacted by P.L. 14-143:10 (Sept. 29, 1978). COMMENT: Section 80.30 provides the basic maximum and minimum terms of imprisonment which may be imposed upon convictions upon felony. The power to sentence rests with the judge, including the power to set a maximum term below the statutory limit. The judge may, but is never required to set a minimum term for felonies of the first two degrees. This would be changed by several proposals now in the Legislature, but not enacted as of August 5, 1977. The length of minimum terms is limited and the power to impose them is intended to be limited to exceptional cases. Article II gives the sentencing judge the authority to set maximum terms, and in general leaves the release decision to the Parole Board (see Article V - Section 80.70, et seq). In the most serious category of cases, the public sense of security and justice require an assurance that a dangerous offender, or one who has committed a serious crime, cannot within a short time time be released. Certainly, the sentencing judge would impose a very high maximumterm for such serious offenses and a responsible Parole Board would not release the offender at an early date. Nevertheless, the Legislature and the Commission felt that a minimum sentence is the only way that a sentencing judge has to assure the public that a dangerous person will not be set at liberty at an early date. For this reason, Sections 80.30 and 80.32 allow a sentencing judge to impose a minimum term in the more serious category of crimes. The effect of Section 80.72 is to provide, also, a minimum term of ten years in the case of every sentence to life imprisonment, such as was the case under the Guam Penal Code. COURT DECISIONS: D.C.GUAM: APP. DIV. 1981 It is proper to admit reliable evidence concerning prior illegal acts at sentencing, even though these acts did not result in convictions, when the evidence is supported. In any event, the defendant received a two-year sentence of a maximum of five years even with the admission of the evidence complained of. People v. Santos, Case #CR-80-034A. D.C.GUAM: APP. DIV. 1982 We find that § 80.30 is the general sentencing statute to be applied and the presentence report properly stated defendant had a prior conviction as required by statute. The judgment of the trial court is therefore affirmed. We interpret the language of § 80.30 as the general sentencing statute and the correct code section to apply to this case. Section 80.31 allows for a lesser penalty for a first offense in the discretion of the court; § 80.32 allows for a greater penalty than that provided in § 80.30, also in the court’s 9 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS discretion. People v. Salas, D.C. App. 82-48A (1982). Aff’d, CA9 1984 (unpublished) 730 F.2d 768. D.C.GUAM: APP. DIV. 1986 The aggravated assault statute, § 19.20 of the Criminal and Correctional Code of Guam, (FN2) was enacted in its present form on January 1, 1978. The penalty provision for § 19.20, which is § 80.30 of the Guam Criminal and Correctional Code, [9 GCA] was also enacted at this same time. As previously stated, however, § 80.37 was not adopted by the Guam Legislature until October 1, 1978, under Public Law 14-143. Under this same Public Law 14-143, the Guam Legislature also repealed and reenacted Section 80.30, the aggravated assault penalty provision. Had the Guam Legislature wished to exclude any felony from the reach of § 80.37, the Legislature could have easily done so under Public Law 14-143. It obviously chose not to. This legislative inaction, together with the clear and unambiguous language of § Section 80.37 and the legislative history of § 80.37 evidences that the Guam Legislature intended to enhance the punishment for all those who possess or use a deadly weapon “in the commission of a felony punishable under the laws of Guam.” See People of the Territory of Guam v. Snaer, 758 F.2d 1341, 1344 (9th Cir., 1985), cert. denied --- U.S. ----, 106 S.Ct. 90, 88 L.Ed.2d 74 (1985). 1986 WL 68911, People of Territory of Guam v. Iglesias, (D.Guam App.Div. 1986) D.C.GUAM: APP. DIV. 1990 This finding is erroneous but in defendant’s favor. § 80.31 sets forth the applicable prison terms for first offenders but applies only to “the cases to which § 80.30 is applicable.” § 80.30 sets forth the applicable prison terms for all offenses “[e]xcept as otherwise provided by law.” § 40.20 describes the acts which constitute second degree robbery and sets forth prison terms specifically applicable to second degree robbery convictions. Thus, §§ 80.30 and 80.31 do not apply to second degree robbery convictions because § 40.20 “otherwise provide[s]” for sentencing. The second degree robbery conviction in this case therefore carries a maximum sentence of ten years. People v. Chargualaf, 1990 WL 320350, D.C. Cr. 88-068A. § 80.31. Prison Terms for First Offenders. In the cases to which § 80.30 is applicable as to the sentencing of the person, a person who has not previously been convicted of a criminal offense and has been convicted of a felony for the first time may be sentenced to imprisonment as follows: (a) In the case of a felony of the first degree, the court shall impose a sentence of not less than three (3) years and not more than fifteen (15) years; 10 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) In the case of a felony of the second degree, the court shall impose a sentence of not less than one (1) year and not more than eight (8) years; and (c) In the case of a felony of the third degree, the court may impose a sentence of not more than three (3) years. SOURCE: Added by P.L. 14-143:11 (Sept. 29, 1978). § 80.32. Extended Terms Allowed. In the cases designated in §§ 80.38 and 80.42, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment as follows: (a) In the case of a felony of the first degree, for a sentence of life imprisonment; (b) In the case of a felony of the second degree, the court may impose a sentence of not less than five (5) years and not more than twenty (20) years; or (c) In the case of a felony of the third degree, the court may impose a sentence of not less than three (3) years and not more than ten (10) years. SOURCE: Repealed and reenacted by P.L. 14-143:12 (Sept. 29, 1978). COMMENT: Section 80.32 sets the limits on the maximum and minimum extended terms which may be imposed where the court sentences a person pursuant to Section 80.38 and Section 80.42. There I sno authority to reduce a minimum term in the case of life imprisonment until the person has been confined at least ten years. 2014 NOTE: Pursuant to the authority granted by § 1606, references were altered to reflect the existing codification structure. § 80.34. Misdemeanor & Petty Misdemeanor Sentences. Except as otherwise provided by § 80.36, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to imprisonment, as follows: (a) in the case of a misdemeanor, the court shall set a maximum term not to exceed one (1) year; (b) in the case of a petty misdemeanor, the court shall set a definite term not to exceed sixty (60) days. 11 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS SOURCE: G.P.C. § 19; *M.P.C. § 6.08; Cal. § 320 (1971); Mass. ch. 264, § 10; N.J. § 2C:43-8. CROSS-REFERENCES: § 680.1(b), Code Civ. Proc. (Amended by Section 28, P.L. 13-187) - Rights to jury trial. COMMENT: § 80.34 provides the basic terms of imprisonment which may be imposed upon a conviction for a misdemeanor or petty misdemeanor. Under Subsection (a) only a maximum term is provided. The Parole Board will determine the actual release date. Under Subsection (b), the sentencing judge sets a definite term and the Parole Board is neither required nor permitted to change the release date so established. It is important to note that § 680.1(b) of the Code of Civil Procedure has been amended by P.L. 13-187 (companion amendatory bill to this Title) so that there is no absolute right to a jury trial in cases of a petty misdemeanor. § 80.36. Same. In the cases designated in §§ 80.40 and 80.42, a person who has been convicted of a misdemeanor may be sentenced to an extended maximum term of imprisonment not to exceed three (3) years. SOURCE: G.P.C. §§ 666, 667; *M.P.C. § 6.09. CROSS-REFERENCES: §§ 80.40, 80.42 -Extended terms, criteria. COMMENT: § 80.36 sets the limit upon the maximum extended terms which may be imposed pursuant to §§ 80.40 or 80.42. It should be noted that no authority to impose a minimum term is provided, hence the authority to fix a release date lies with the Parole Board. § 80.37. Deadly Weapons Used in Felonies; Sentence. (a) Whoever unlawfully possesses or uses a deadly weapon in the commission of a felony punishable under the laws of Guam shall, (1) in addition to the punishment imposed for the commission of such felony, be imprisoned for a term of not less than five (5) years nor more than twenty-five (25) years, and (2) shall be fined not less than one thousand dollars ($1,000), but not more than five-thousand ($5,000), which fine shall be payable to the Criminal Injuries Compensation fund. 12 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) The sentence shall include a special parole term of not less than three (3) years in addition to such term of imprisonment. (c) No person convicted and sentenced hereunder shall be eligible for parole or probation until he shall have served at least five (5) years in prison. (d) No person convicted or sentenced hereunder shall be eligible to participate in any work release program until he shall have served at least five (5) years. (e) The term required to be imposed by this Section shall not run concurrently with any term of imprisonment imposed for the commission of any other felony. SOURCE: Added by P.L. 14-143:1 (Sept. 29, 1978). Amended by P.L. 23132:2 (Dec. 30, 1996). 2018 NOTE: Subsection/subitem designations added pursuant to the authority of 1 GCA § 1606. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme. § 80.37.1. Felony Committed on Release. (a) Whoever commits a felony punishable under the laws of Guam while on release on a felony charge pursuant to Chapter 40 (Criminal Procedure) of Title 8, Guam Code Annotated, shall, in addition to the sentence imposed for the crime committed while on release, be imprisoned for a term of not less than five (5) years nor more than twenty-five (25) years. (b) (1) A sentence imposed under subsection (a) of this section shall include a special parole term of not less than three (3) years nor more than five (5) years in addition to the term of imprisonment. (2) No person convicted and sentenced under this section shall be eligible for parole or probation until he serves at least five (5) years in prison. 13 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (c) The term required to be imposed under this section shall run consecutive to any term of imprisonment imposed for the commission of any other felony. SOURCE: Added as § 80.37.5 by P.L. 20-111:2 (Oct. 19, 1989). Codified to this section by the Compiler in accordance with the authority granted by 1 GCA § 1606. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme. § 80.37.2 Habitual Offenders. (a) Notwithstanding any provision that establishes a shorter term of imprisonment, a person who has been convicted of committing or attempting or conspiring to commit any violent or aggravated felonies and who has previously been convicted of two violent or aggravated felonies not committed on the same occasion and separated by intervening arrest shall be sentenced to imprisonment for life and is not eligible for suspension of the sentence, probation, parole, or release. (b) In order for the penalty under this Section to apply, judgment for the aggravated or violent felonies that comprise the prior conviction shall have been entered within fifteen years of the conviction for the current offense; however, time spent in custody or on probation for an offense or while the person is an absconder shall not be excluded from the calculation of the fifteen years. (c) For the purposes of this Section: (1) violent or aggravated felony means any of the following offenses if committed in Guam or any offense committed outside Guam that if committed in Guam would constitute one of the following offenses: (A) aggravated murder, murder and manslaughter (Title 9 Guam Code Annotated §§ 16.30, 16.40 & 16.50) 14 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (B) aggravated assault (Title 9 Guam Code Annotated § 19.20) (C) kidnapping (Title 9 Guam Code Annotated § 22.20) (D) criminal sexual conduct in the 1st & 2nd degree (Title 9 Guam Code Annotated §§ 25.15 & 25.20) (E) compelling prostitution (Title 9 Guam Code Annotated § 28.30, as defined involving a child) (F) indecent electronic display to a child (Title 9 Guam Code Annotated § 25A102) (G) electronic enticement of a child as a 1st & 2nd degree felony (Title 9 Guam Code Annotated §§ 25A105, 25A104) (H) crimes involving obscenity & related offenses involving children (Title 9 Guam Code Annotated §§ 28.51 & 28.52) (I) photography of minors’ sexual acts (Title 9 Guam Code Annotated § 28.80) (J) possession of child pornography (Title 9 Guam Code Annotated § 25A202) (K) dissemination of child pornography (Title 9 Guam Code Annotated § 25A203) (L) aggravated arson (Title 9 Guam Code Annotated § 34.20) (M) robbery in the 1st & 2nd degree (Title 9 Guam Code Annotated §§ 40.10 & 40.20). (d) Under the terms of the Compacts of Free Association (COFA), citizens of the Freely Associated States [the sovereign states of the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Belau], may enter the U.S. under a special status, and are treated as foreign nationals while in the U.S., such status allowing the U.S. to deport a citizen of 15 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS any COFA state if such citizen is found guilty of breaking or disregarding the laws of a U.S. jurisdiction. (1) A COFA citizen shall be considered deportable if convicted of a felony or a crime of moral turpitude; or if sentenced to one (1) year or more for any crime(s) committed; or if the COFA citizen becomes a repeat offender for drivingunder-the-influence of alcohol. (2) Such COFA citizen in violation of the COFA will be treated as any other foreign national and shall be deported if convicted of a deportable crime under the terms of the Compact of Free Association. (3) Upon conviction of a deportable crime, the Attorney General of Guam (AG) shall immediately notify the U.S. Immigration and Customs Enforcement (ICE) Division of the U.S. Department of Homeland Security (DHS) of Guam’s desire to have the COFA citizen deported. The AG shall work closely with the U.S. ICE Division of DHS to ensure all documents related to the conviction and required for deportation are immediately provided to the proper authorities. Citizens of the U.S. cannot be deported under the terms of the COFA. The AG shall transmit a quarterly report to I Liheslatura indicating how many cases were forwarded to the U.S. ICE Division of DHS for deportation and the status of those cases. The AG shall also publish this report on its website on a quarterly basis. (e) If the court certifies that a defendant has a mental health illness, the provisions of Subsection (a) do not apply. SOURCE: Added by P.L. 32-049:2 (July 5, 2013) as § 80.50. Codified to this section by the Compiler in accordance with the authority in 1 GCA § 1606. 2015 NOTE: Subsection references in (c)(1) (F), (G), (J) and (K) were altered to reflect the renumbering of 9 GCA, Ch. 25.01 to 9 GCA, Ch. 25A. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme. 16 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS This provision was added as § 80.50 by P.L. 32-049:2, and renumbering was necessary to avoid confusion with the existing § 80.50 in Article 3. CROSS-REFERENCE: See 9 GCA § 80.60, Standards for Imposing or Withholding Probation. § 80.37.3. Vulnerable Victim Sentencing Enhancement. (a) Whoever commits or attempts to commit upon a vulnerable victim, a violent felony as defined in 9 GCA, § 80.70, or theft as a second degree or third degree felony under 9 GCA, § 43.15, § 43.20, § 43.30, § 43.35, § 43.40, § 43.45, § 43.50, § 43.55, or § 43.60, or crimes of forgery or fraudulent practices under 9 GCA, § 46.10, § 46.15, § 46.20, § 46.25, § 46.35, § 46.50, § 46.75, or § 46.80, shall, in addition to the sentence imposed for the commission of such felony, be imprisoned for a term of not less than five years nor more than twenty-five years, or shall, in addition to the sentence imposed for the commission of a misdemeanor or petty misdemeanor, be imprisoned for a term of not less than sixty days nor more than one year. (b) A sentence imposed under Subsection (a) of this Section for a felony shall include a special parole term of not less than three years nor more than five years, in addition to the term of imprisonment. No person convicted and sentenced under this Section for a felony shall be eligible for parole or probation until he serves at least five years in prison, or no person convicted and sentenced under this Section for a misdemeanor or petty misdemeanor shall be eligible for probation until he serves at least sixty days in jail or prison. (c) A vulnerable victim is defined as the following: (1) an elderly person or senior citizen who is fifty-five years old or older at the time of the crime committed upon him or her; (2) a child who is thirteen years old or younger at the time of the crime committed upon him or her; (3) a tourist or visitor (A) who is a citizen and resident of a country other than the United States, or its territories, and visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days, or (B) who is a citizen or national 17 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS or permanent resident of the United States, but is not a resident of Guam, and is visiting Guam with a round-trip airline ticket for a duration of no more than forty-five days; (4) an individual who at the time of the crime committed upon him or her has a physical or mental disability or disabilities, as defined in a provision of local or federal law, or as certified by a physician or mental health professional; or (5) any person who is a victim of a crime, as identified in this Act, committed by two or more individuals. SOURCE: Added as § 80.37.6 by P.L. 32-143:2 (Apr. 28, 2014). Codified to this section by the the Compiler in accordance with the authority granted by 1 GCA § 1606. 2014 NOTE: To maintain the existing codification scheme and to preserve the numbering scheme established in the Criminal and Correctional Code (1977), existing provisions that impose specific sentencing considerations or specific sentences were renumbered to follow § 80.37. Similar statutes enacted in the future will be codified in accordance with this numbering scheme. § 80.38. Extended Terms for Felonies: When Allowed: Repeat Offenders. The court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this Section. The finding of the court shall be incorporated in the record: (a) The offender is a persistent offender whose commitment for an extended term is necessary for protection of the public. The court shall not make such a finding unless the offender is over twenty-one (21) years of age and has previously been convicted as an adult of two (2) felonies or of one (1) felony and two (2) misdemeanors. (b) The offender is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted. The court shall not make such a finding unless: (1) the offender is being sentenced for two (2) or more felonies, or is already under sentence of 18 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS imprisonment for felony, or admits in open court the commission of one or more other felonies and asks that they be taken into account when he is sentenced; and (2) the longest sentences of imprisonment authorized for each of the offender’s crimes, including admitted crimes taken into account, if made to run consecutively, would exceed in length the maximum of the extended term imposed. (c) The offender is a dangerous, mentally abnormal person whose commitment for an extended term is necessary for protection of the public. (1) The court shall not make such a finding unless the offender has been subjected to a psychiatric examination resulting in the conclusions that his mental condition is gravely abnormal; (2) that his criminal conduct has been characterized by a pattern of repetitive or compulsive behavior or by persistent aggressive behavior with heedless indifference to consequences; and (3) that such condition makes him a serious danger to others. SOURCE: G.P.C. §§ 648, 666, 667a, 668; *M.P.C. § 7.03; Cal. § 207 (T.D.2 1968); N.J. § 2C:44-3. 2018 NOTE: Subitem designations added in subsection (c) pursuant to 1 GCA § 1606. 2017 NOTE: In People v. Muritok, 2003 Guam 21, the Supreme Court struck down this provision as unconstitutional, concluding that it impermissibly authorizes the court to sentence a defendant to an extended term of imprisonment, in violation of the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000). Past publications of the GCA included the Compiler’s Comment below, which was from the Law Revision Commission. See 2014 NOTE preceding Chapter 1, Title 9 GCA. COMMENT: § 80.38 states the circumstances and criteria under which felony offenders may be sentenced to the extended terms provided by § 80.32. The present sentencing structure provides simply for an outer limit on the length of sentences which may be imposed 19 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS for each offense. These limits control, no matter how aggravated the particular offense, nor how depraved the individual offender. As a natural result, the authorized sentences are fixed with the worst cases in mind, and hence tend to be considerably higher than necessary for the average case. As the result, the gravity of the offenses tend to be distorted. As a practical consequence, the sentence imposed in the average case tends to be increased. The Commission believes that a far better approach is to provide the basic limits geared to the typical case and authorize increases based upon the existence of factors which seem to call for a more severe disposition. The Model Code, the Model Sentencing Act and the ABA, Standards for Criminal Justice, Sentencing Alternatives and Procedures § 2.5 have all taken this approach. The Model Penal Code stands alone in recommending extended terms for misdemeanors. The Commission believes that such terms can be justified, indeed it may be necessary, if the “ordinary” term has been significantly reduced by this Code and if the classification of offenses tends to downgrade crimes from what formerly may have been felonies. There is, of course, “an intimate relationship between the classification of crimes, the ordinary term and the extended term. The Commission has “attempted to strike a balance between each of these different areas. In doing so, the Commission has followed most closely the Model Penal Code. However, § 80.42 is based upon a California proposal and other modifications were suggested by other proposals. In short, we have presented a composite which we feel most suited to the needs of Guam. Subsections (d) of both §§ 80.38 and 80.40 as contained in the Model Penal Code have been deleted here. These Sections deal with a “professional criminal,” but have received only a limited endorsement from the ABA and the New Jersey Commission. Further, such Subsections would require full hearings which, being lengthy and expensive would tend to outweigh their effectiveness. § 80.39. Title. 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). § 80.39.1. Sentencing. 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 20 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS character of the defendant, and his or her chances of successful rehabilitation, that: (a) imposition of the mandatory minimum sentence would result in substantial injustice to the defendant; and (b) the mandatory minimum sentence is not necessary for the protection of the public. SOURCE: Added by P.L. 33-022:2 (May 7, 2015). § 80.39.2. Exceptions. 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 physical injury during the commission of the offense; or (c) the individual was the leader, manager, or supervisor of others in a continuing criminal enterprise. SOURCE: Added by P.L. 33-022:2 (May 7, 2015). § 80.39.3. Reporting. 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 departures from mandatory minimum sentences made by each judge of the Superior Court of Guam. SOURCE: Added by P.L. 33-022:2 (May 7, 2015). § 80.40. Extended Terms for Misdemeanor: When Allowed: Repeat or Multiple Offenders. 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: 21 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (a) The offender is a persistent offender whose commitment for an extended term is necessary for protection of the public. The court shall not make such a finding unless the offender has previously been convicted as an adult of two (2) crimes. (b) The offender is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted. The court shall not make such a finding unless: (1) the offender is being sentenced for two (2) or more misdemeanors or one misdemeanor and two (2) or more petty misdemeanors or is already under sentence of imprisonment for crimes of such grades, or admits in open court the commission of crimes of such grades and asks that they be taken into account when he is sentenced; and (2) the longest sentences of imprisonment authorized for each of the offender’s crimes, including admitted crimes taken into account, if made to run consecutively, would exceed in length the maximum of the extended term imposed. (c) The offender is an alcoholic, narcotic addict or person of abnormal mental condition who requires rehabilitative treatment for a substantial period of time. The court shall not make such a finding unless with respect to the particular category to which the offender belongs, the Director of Corrections has certified that there is a specialized institution or facility which is satisfactory for the rehabilitative treatment of such persons. SOURCE: G.P.C. §§ 648, 666, 667; *M.P.C. § 7.04. 2017 NOTE: The Supreme Court struck down § 80.38 in People v. Muritok, 2003 Guam 21, concluding that it unconstitutionally permitted the imposition of an extended term, in violation of the rule announced in Apprendi v. New Jersey, 530 U.S. 466 (2000). The court in Muritok did not expressly rule on the constitutionality of this provision, which authorizes an extended term in misdemeanor cases. COMMENT: See Comment to § 80.38. § 80.40(c) has been inserted by the Commission on the condition that such facility exists and it is not expected 22 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS that this Subsection will be implemented unless Guam’s facilities for such persons are improved. § 80.42. Extended Term by Petition of Department of Corrections. 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 case of a person originally sentenced to imprisonment for a petty misdemeanor, the court may extend his sentence to a term not to exceed two (2) years. Such a finding, which must be incorporated in the record, shall be based on the grounds that: (a) the person’s record, both within and without the correctional system, reveals a clear pattern of assaultive or sexually aggressive behavior; and (b) there is a substantial risk that he will at some time in the future inflict death or serious bodily injury upon another. In making such a finding, the court shall proceed upon the same basis as in an original sentencing hearing and the person shall have the same rights as any person being sentenced. SOURCE: *Cal. § 208 (T.D.2 1968); Cal. § 355 (1971). COMMENT: This is a new, and radically different Section. Note that petty misdemeanors are included within this Section, while being excluded from § 80.40. This is of doubtful constitutional validity in that most defendants accused of petty misdemeanors will have not had a jury trial. If this Section is used in such cases, the result would be a person imprisoned for up to two (2) years without having had a right to a jury trial. It may be that the court, because of this Section will ignore § 680.1(b) of the Code of Civil Procedure and grant petty misdemeanor a right to a jury trial since they would be subject to possible imprisonment for more than sixty (60) days. This was not the intent of the Commission, but may be mandated by the Constitution. If this result comes about, it would appear to this Compiler that § 680.1(b) of the Code of Civil Procedure should take precedence in the interest of expeditious handling of petty misdemeanors, and this Section be ignored. § 80.44. Previous Convictions Defined. (a) For purposes of Subsection (a) of § 80.38or § 80.40, a conviction of the commission of a crime in another jurisdiction shall 23 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS 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) year was authorized under the law of such other jurisdiction, of a misdemeanor if sentence of imprisonment in excess of sixty (60) days but not in excess of a year was authorized and of a petty misdemeanor if sentence of imprisonment for not more than sixty (60) days was authorized. (b) An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction for purposes of §§ 80.38, 80.40 or 80.44, although sentence or the execution thereof was suspended, provided that the time to appeal has expired and that the defendant was not pardoned on the ground of innocence. When the defendant has asked that other crimes admitted in open court be taken into account when he is sentenced and the court has not rejected such request, the sentence shall bar the prosecution or conviction of the defendant in Guam for any such admitted crime. SOURCE: *M.P.C. § 7.05; N.J. § 2C:44-4. 2018 NOTE: Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. COMMENT: Under Subsection (a) of this Section, the seriousness of the crime is measured by the standards of the jurisdiction where the crime was committed. Under Subsection (b) emphasis is conviction, not sentence. § 80.46. Credit for Prior Detention. (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 term of such sentence. The officer having custody of the offender shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the offender prior to sentence in any territorial, state or local correctional or other institution, and the certificate shall be attached to the official records of the offender’s commitment. (b) When a judgment of conviction is vacated, or a sentence is revised or reviewed and a new sentence is thereafter imposed upon the offender for the same crime, the period of detention and 24 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS imprisonment previously served therefor shall be deducted from the maximum and minimum term of the new sentence. The officer having custody of the offender shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be attached to the official records of the offender’s new commitment. SOURCE: M.P.C. § 7.09; *Mass. ch. 264, § 14; cf. N.J. § 2C:44-8. CROSS-REFERENCES: ABA, Sentencing Alternatives and Procedures § 3.6 (Approved Draft 1968). COMMENT: § 80.46 implements the Standards proposed by the ABA. § 80.48. Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to 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 employment or educational program or if the prisoner does not have regular employment or a regular educational program, to secure employment or education. Any employment or education so secured must be suitable for the offender. Such employment or educational program if such educational program includes earnings by the offender, must be at a wage at least as high as the prevailing wage for similar work in Guam and in accordance with the prevailing working conditions in Guam. In no event may any such employment or educational program involving earnings by the offender be permitted where there is a labor dispute in the establishment in which the offender is or is to be employed or educated. Whenever the offender is not employed or being educated and between the hours or periods of employment or education, he shall be confined in such facility designated by the court or Director of Corrections. (b) The earnings of the offender may be collected by the Director of Corrections. From such earnings, the Director may deduct such costs incident to the offender’s confinement as the Director deems appropriate and reasonable. The Director may also deduct payments for the support of the offender’s dependents and forward such payments to them. 25 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (c) In the event the offender violates the conditions laid down for his conduct, custody, education or employment, the Director (or the court, if the limits of confinement were originally extended by the court) may order the balance of the offender’s sentence to be spent in actual confinement subject to any release on parole pursuant to Article 5 (commencing with § 80.70). (d) Willful failure of the offender to return to the place of confinement not later than the expiration of any period during which he is authorized to be away from the place of confinement pursuant to this Section is punishable as an escape. (e) Except for inmates participating in the Work and Educational Programs, all inmates sentenced to the custody of the Department of Corrections and in the Adult Correctional Facility shall be issued uniforms which they shall wear at all times they are outside the facility. The uniform shall be prominently marked to indicate that the person wearing it is an inmate. The uniforms shall at the least have the letter “P” permanently marked on the front and back of the shirt or top portion of the uniform. All inmates including those in the Work and Educational Programs shall have as many haircuts as necessary to maintain a short style so that hair does not extend over the ear or over the shirt collar of the uniform. No beards shall be worn by inmates. (f) The remaining balance of earnings by an inmate from participating in a Work Release Program shall be deposited into the Criminal Injuries Compensation Fund (the “Fund”). After complying with subsection (b) of this Section, associated with support of dependents and debts, the remaining balance shall be deposited in the Fund. (g) Termination of Eligibility; Work and Education Programs. Notwithstanding Subsection (c) of this Section, any inmate who has been placed under the work and educational programs must comply with the conditions laid down for the inmate’s conduct while enjoying the benefits of the program. Any violations of the conditions, such as failure of the offender to return to the place of confinement within the time pursuant to the terms and conditions of the programs, shall suspend the offender’s eligibility to the programs as outlined below. 26 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS Any inmate who is found guilty of escape or attempted escape shall immediately be removed from work and educational programs and shall not be eligible for participation in work and educational programs for a period of not less than five (5) years. Any inmate not currently participating or eligible to participate in work or educational programs and is found guilty of escape or attempted escape shall not be eligible to participate in work or educational programs for a period of not less than five (5) years. SOURCE: G.P.C. §§ 1234b-1234d. Enacted 1977; Subsection (a) repealed and reenacted by P.L. 14-143:13 (Sept. 29, 1978); (e) added by P.L. 19011:15 (Nov. 27, 1987); (f) added by P.L. 20-155:3 (Mar. 21, 1990); (g) added by P.L. 24-095:1 (Oct. 23, 1997). CROSS-REFERENCES: Cal. Penal Code § 1208. 2018 NOTE: Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. COMMENT: Note the effect of §§ 55015 and 39100.2 of the Government Code, both of which were added by P.L. 14-151, effective 10/18/78. Those sections provide that prisoners shall not be permitted outside the boundaries of the Guam Penitentiary without the express order of the Parole Board (§ 55015), and that prisoners shall not be allowed outside the boundaries of the Guam Penitentiary to participate in such programs as “Halfway House,” “work release,” “furlough” or any other extramural programs whatsoever without the permission of the Parole Board (§ 39100.2). § 80.48 is based upon the Guam Penal Code, but permits the sentencing court, as well as the Director of Corrections, to extend the limits of confinement. 2014 NOTE: A prior print publication of the GCA contained the following annotation: COURT DECISIONS: Joaquin S.A. Mendiola v. Territorial Parole Board, Sup. Ct. 1981, Cr. No. Special Proceedings No. 185-81 held unconstitutional, as a violation of due process, §§ 55015 and 39100.2 of the Government Code. This case invalidated both provisions referred to in the Compiler’s Comment, that was included in the Criminal and Correctional Code (1977). NOTE: Opinion of the Attorney General, Ref. DOC 87-1599, December 23, 1987, interpreted P.L. 19-11:15 (which added subsection (e)) with respect to its application. The cited Opinion discusses which inmates are mandated to wear uniforms and who are excepted; required markings on the uniforms; date and funding for implementation of the section. 27 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.49. Extension of Limits of Confinement for Humanitarian Reasons. (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, which shall include close supervision at all times by one (1) or more armed escorts, and twenty-four (24)-hour written notice to the Attorney General of Guam or the Chief Prosecutor, the Superior Court of Guam and the Guam Police Department, to visit a specifically designated place or places for a period not to exceed twenty-four (24) hours and return to the institution. An extension of limits may be granted only to permit a visit to a dying relative, attendance at the funeral of a relative, the obtaining of necessary medical services not otherwise available, or for any other equally compelling reason consistent with the public interest and safety. (b) An escape from supervision during an extension of limits period is punishable as a felony escape under Chapter 58 of Title 9 of the Guam Code Annotated. SOURCE: G.P.C. § 1234a. Amended by P.L. 25-87:1 (11/23/99). CROSS-REFERENCES: Cal. Penal Code § 1208(d). COMMENT: The authority provided here is a narrow one limited to particular exceptional circumstances. It does not, however, restrict the much broader authority to provide regular programs involving partial confinement set forth in § 80.48. The court cannot participate under the circumstances provided by this Section. Therefore, the authority is given only to the Director of Corrections. § 80.49.1 Nursing Mothers-Accommodations. [Codified as 9 GCA § 90.48.] 2014 NOTE: Added by P.L. 32-098:3 (Nov. 27, 2013) as § 80.49.1. To maintain the existing codification scheme and in accordanc with the authority granted by 1 GCA § 1606, the Compiler recodified the provision as 9 GCA § 90.48. 28 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.50. Habitual Offenders. [Codified as 9 GCA § 80.37.2.] 2014 NOTE: Added by P.L. 32-049:2 (July 5, 2013) as § 80.50 of Article 2 of Title 9, Chapter 80. However, to avoid confusion with the existing § 80.50 in Article 3, this provision was recodified as § 80.37.2 pursuant to the authority granted by 1 GCA § 1606. ---------ARTICLE 3 FINES AND RESTITUTION § 80.50. § 80.52. § 80.53. § 80.54. § 80.56. § 80.58. Fines & Restitution as Sentence Allowed: Limited. Standards for Imposing Fines and/or Restitution. When Restitution Required. Time & Method of Payment. Consequences of Non-Payment. Petition for Revocation of Fine: Conditions. § 80.50. Fines & Restitution as Sentence Allowed: Limited. 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 is of a felony of the third degree; (c) One Thousand Dollars ($1,000.00), when the conviction is of a misdemeanor; (d) Five Hundred Dollars ($500.00), when the conviction is of a petty misdemeanor or violation; (e) Any higher amount equal to double the pecuniary gain to the offender or loss to the victim caused by the conduct constituting the offense by the offender. In such case the court shall make a finding as to the amount of the gain or loss, and if the record does not contain sufficient evidence to support such a finding the court may conduct a hearing upon the issue. For 29 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS purposes of this Section, the term “gain” means the amount of money or the value of the property derived by the offender and the term “loss” means the amount of value separated from the victim; (f) Any amount specifically authorized by statute. The restitution ordered paid to the victim shall not exceed his loss. SOURCE: G.P.C. § 19; M.P.C. § 6.03; Cal. § 325 (1971); Mass. ch. 264, § 15; *N.J. 2C:23-3. CROSS-REFERENCES: II N.J. Criminal Law Revision Commission. N.J. Penal Code 315 (Final Report 1971). COURT DECISIONS: SUPER.CT. 1981 Defendants Stinson, Hartsock and the Guam Federation of Teachers are guilty of contempt of court in that they have encouraged, aided and taken part in a strike against the government of Guam, all as shown beyond a reasonable doubt in evidence presented before the court. People v. Guam Federation of Teachers et al., Civil Case #6-81. COMMENT: Section 80.50 presents a new and welcomed provision to the Guam sentencing scheme, restitution. Under the Penal Code, restitution was not mentioned to any great degree, but was used on appropriate occasions by the court as a part of the conditions of probation. This Section, also, has eliminated any requirement that the defendant pay any or all cost of prosecution. The New Jersey Law Revision Commission felt that such requirements infringed upon the defendant’s right to trial. However, Subsection (f) would permit the cost of prosecution to be recovered in such cases as prosecution under the Internal Revenue Code, where that Code specifically provides. § 80.52. Standards for Imposing Fines and/or Restitution. (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 the history and character of the offender, it is of the opinion that the fine or restitution alone is appropriate and suffices for the protection of the public. (b) The court shall not sentence an offender to pay a fine or make restitution in addition to a sentence of imprisonment or probation unless: (1) the offender has derived a pecuniary gain from the offense; or 30 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (2) the court believes that a fine or restitution is specially adapted to deterrence of the type of offense involved or to the correction of the offender. (c) The court shall not sentence an offender to pay a fine or make restitution unless the offender is or, given a fair opportunity to do so, will be able to pay the fine or restitution. The court shall not sentence an offender to pay a fine unless the fine will not prevent the offender from making restitution to the victim of the offense. (d) In determining the amount and method of payment of a fine or restitution, the court shall take into account the financial resources of the offender and the nature of the burden that its payment will impose. (e) When an offender is sentenced to pay a fine or to make restitution, the court shall not impose at the same time an alternative sentence to be served in the event that the fine is not paid. The response of the court to non-payment shall be determined only after the fine has not been paid and as provided in § 80.56. SOURCE: M.P.C. § 7.02; Mass. ch. 264, § 16; *N.J. § 2C:44-2. CROSS-REFERENCES: ABA, Sentencing Alternatives and Procedures § 2.7 (1968). COMMENT: Nothing in this Section is intended to preclude, within certain limits, the imposition of fines on the basis of a schedule; e.g., for traffic violations, littering offenses, etc. Here, we assume that in most cases the defendant will simply plead guilty and pay the fine. Even where a court appearance is required, or occurs, a fine may be imposed on the basis of schedule and, if necessary the defendant can be asked whether he can afford to pay the fine. § 80.53. When Restitution Required. 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. 16-86. § 80.54. Time & Method of Payment. (a) When an offender is sentenced to pay a fine or to make restitution, the court may grant permission for the payment to be 31 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS 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 payable forthwith. (b) When an offender sentenced to pay a fine or make restitution is also sentenced to probation, the court may make the payment a condition of probation. (c) The offender shall pay a fine, restitution or any installment thereof to the court. In the event of default in payment, the Attorney General shall take appropriate action for its collection. (d) Unless otherwise provided by law, all fines collected shall be paid over to the Treasurer of Guam and shall become part of the general funds of Guam and shall be subject to general appropriation. SOURCE: See Guam §§ 1205, 1570; M.P.C. § 302.1; Mass. ch. 264, § 17; *N.J. § 2C:46-1. CROSS-REFERENCES: § 80.56 -Non-Payment. 2018 NOTE: Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 80.56. Consequences of Non-Payment. (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 and may issue a summons or a warrant of arrest for his appearance. Unless the offender shows that his default was excusable, the court shall find that his default was contumacious and may order him committed until the fine or restitution or a specified part thereof is paid. The term of imprisonment for such contumacious non-payment of the fine or restitution shall be specified in the order of commitment and shall not exceed one day for each Ten Dollars ($10.00) of the fine or restitution, thirty (30) days if the fine or restitution was imposed upon conviction of a violation or a petty misdemeanor or one (1) year in any other case, whichever is the shorter period. When a fine or restitution is imposed on a corporation or an unincorporated association it is the duty of the person or persons authorized to make disbursements from the assets of the corporation or association to 32 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS pay it from such assets and their failure so to do may be held contumacious under this Subsection. A person committed for nonpayment of a fine or restitution shall be given credit towards its payment for each day of imprisonment, at the rate specified in the order of commitment. (b) If it appears that the offender’s default in the payment of a fine or restitution is not contumacious, the court may make an order allowing the offender additional time for payment, reducing the amount thereof or of each installment, or revoking the fine or restitution or the unpaid portion thereof in whole or in part. (c) Upon any default in the payment of a fine or restitution or any installment thereof, execution may be levied and such other measures may be taken for the collection of the fine or restitution or the unpaid balance thereof as are authorized for the collection of an unpaid civil judgment entered against the offender in an action on a debt. The levy of execution for the collection of a fine or restitution shall not discharge an offender committed to imprisonment for nonpayment until the amount of the fine or restitution has actually been collected. SOURCE: G.P.C. §§ 1205, 1206, 1214, 1397; M.P.C. § 302.2; Mass. ch. 264, § 18; *N.J. § 2C:46-2. CROSS-REFERENCES: ABA, Sentencing Alternatives and Procedures § 6.56, § 80.66 -Revocation of Probation. § 80.58. Petition for Revocation of Fine: Conditions. 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 the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part. ---------- 33 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS ARTICLE 4 PROBATION § 80.60. § 80.62. § 80.64. § 80.66. § 80.68. Standards for Imposing or Withholding Probation. Conditions Which Court May Attach to Probation. Term of Probation: Modification of Probation. Revocation of Probation: When Permitted. Revocation: Hearing Required; Release Permitted; Confinement Provided for. § 80.60. Standards for Imposing or Withholding Probation. (a) When Sentence May Not Require Prison Term. (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 the Guam Code Annotated. (2) Minimum, wherever it appears in this Code, means, for purposes of imposing punishment upon a person convicted of a crime, that the court shall impose the entire term of confinement, the full amount of the fine and the complete requirement of community service prescribed by law. The court shall not suspend in full or in part any punishment described as minimum, specifically, the crimes enumerated in the habitual offender statute (P.L. 32-049, codified as § 80.50 of Article 2 of this Chapter 9), and all other violent offenses that carry a minimum punishment. (3) When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this Code, the terms “minimum,” “mandatory,” “minimum mandatory,” “mandatory minimum,” “minimum sentence of,” “a sentence of no less than,” “a sentence of at least,” and any derivative thereof, shall be construed as being synonymous. (b) Notwithstanding Subsection (a) the court shall not suspend imposition of sentence or place an offender on probation if, having due regard to the nature and circumstances of the crime and the 34 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS history, character and condition of the offender, the court finds that imprisonment is necessary for the protection of the public because: (1) there is undue risk that during the period of a suspended sentence or probation the offender would commit another crime; (2) the offender is in need of correctional treatment that can be provided most effectively by commitment to an institution; or (3) a lesser sentence would depreciate the seriousness of the offender’s crime. (c)The following factors, while not controlling, shall be accorded weight in determining whether to suspend imposition of sentence or to place the offender on probation whether: (1) The offender’s criminal conduct neither caused nor threatened serious harm. (2) The offender did not contemplate that his criminal conduct would cause or threaten serious harm. (3) There were substantial grounds tending to excuse or justify the offender’s criminal conduct, though failing to establish a defense. (4) The offender has compensated or will compensate the victim of his criminal conduct for the damage or injury which was sustained. (5) The offender has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime. (6) The offender is particularly likely to respond affirmatively to probationary treatment. (d) If a person who has been convicted of a crime is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance or direction that probation can provide. SOURCE: See Guam § 1231; Rule 32(a), Rules of Cr. Proc.; cf. Cal. § 235 (1971); § 330; Mass. ch. 264, § 20; N.J. § 2C:44-1. Enacted 1977; 35 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS Subsection (a) amended by P.L. 14-143:15 (Sept. 29, 1978), eff. (Oct. 1, 1978), amended by P.L. 32-074:2 (Nov. 27, 2013). Subsections (c)(3), (5), (8), (9) and (11) repealed by P.L. 14-143:16 (Sept. 29, 1978). Remaining subsections renumbered accordingly pursuant to P.L. 14-143:16. 2018 NOTE: Subitem designations added in subsection (a) pursuant to 1 GCA § 1606. CROSS-REFERENCES: ABA, Project on Standards for Criminal Justice. Probation §§ 1.1(a)-(c), 1.2, 1.3 (Approved Draft 1970) § 80.66. COMMENT: No general preference is stated in favor of imprisonment or probation; however, Subsection (b) states three (3) factors, any one of which, if found to exist, require a sentence of imprisonment for the protection of the public. Subsection (c) lists factors which the court should weigh in favor of withholding imprisonment. A sentence of probation no longer involves or requires suspension of the imposition or the execution of any other sentence. Nevertheless, where probation is revoked, the court has available the same sentencing alternatives that were available at the time of initial sentencing. In 1978 the Legislature repealed a large number of subparagraphs of Subsection (c) with the effect that these subparagraphs no longer have any statutory weight in determining whether to suspend a sentence or the place the offender on probation. The Legislature felt that the statutory reference to these conditions weighed heavily in favor of probation or suspension of sentence when, in fact, the Legislature intended that, for the crimes involved, the offenders be placed in prison. The conditions eliminated referred to acting under strong provocation, the victim’s inducing or facilitating the offense; the conduct resulting from circumstances unlikely to recur; history, character and attitudes of the offender which indicate that he is unlikely to commit another crime; and imprisonment would entail hardship to the offender or his dependents. The Legislature believed that such were not good reasons for suspending a sentence for one already convicted of a particular crime. Of course, it is recognized that the judge does not necessarily have to give his reasons for suspending sentence and may, in fact, consider some of the repealed matter in determining a sentence. § 80.62. Conditions Which Court May Attach to Probation. (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 require the offender: 36 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (1) to support his dependents and to meet his family responsibilities; (2) to devote himself to an approved employment or occupation; (3) to undergo available medical or psychiatric treatment and to enter and remain in a specified institution when required for that purpose; (4) to pursue a prescribed secular course of study or vocation training; (5) to attend or reside in a facility established for the instruction, recreation or residence of persons on probation; (6) to refrain from criminal conduct or from frequenting unlawful places or consorting with specified persons; (7) to refrain from possessing any firearm or other dangerous weapon; (8) to pay any fine authorized by this Chapter; (9) to make restitution of the fruits of his crime or to make reparation, in an amount he can afford to pay, for the loss or damage caused thereby; (10) to remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment; (11) to refrain from excessive use of alcohol and drug abuse; (12) to report as directed to the court or the probation officer, to answer all reasonable inquiries by the probation officer and to permit the officer to visit him at reasonable times at his home or elsewhere; (13) to satisfy any other conditions reasonably related to the rehabilitation of the offender or public safety or security. (c) The offender shall be given a statement in writing explicitly setting forth the conditions on which he is released on probation. 37 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS SOURCE: See G.P.C. § 1231; M.P.C. § 301.1; Cal. § 330 (1971); *Mass. ch. 264, § 21; N.J. 2C:45-1. CROSS-REFERENCES: ABA, Probation §§ 3.1, 3.2 (1970). § 80.64. Term of Probation; Modification of Probation. (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) (1) At any time during the period of suspension or probation, upon a showing that such action will best satisfy the ends of justice and the best interests of the public and the offender, the court may modify or terminate the conditions to which the offender is presently subject. (2) Prior to modification the offender shall be given notice and a reasonable opportunity to be heard regarding any change in the conditions. All changes in conditions shall be given to the offender in writing. (c) Any conditions imposed pursuant to § 80.62 shall automatically terminate upon the successful completion of the period of suspension or probation set by the court. The sentencing court may order an earlier termination whenever it appears that further continuation of conditions or supervision or enforced compliance with the terms of probation is unnecessary. Upon termination, an order of termination shall be rendered by the court and entered by the clerk in the minutes and a copy thereof mailed to the offender. SOURCE: See G.P.C. §§ 1231, 1232; M.P.C. § 301.2(1); *Mass. ch. 264, § 22(a); N.J. § 2C:45-2(a). 2018 NOTE: Subitem designations added in subsection (b) pursuant to 1 GCA § 1606. CROSS-REFERENCES: ABA, Probation §§ 1.1(3), 3.3, 4.1- 4.2 (1970). 38 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.66. Revocation of Probation: When Permitted. (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 or may issue a warrant for his arrest. The warrant or summons shall be served in the manner provided by 8 GCA § 15.70 (Criminal Procedure). The offender may be arrested without a warrant only in those circumstances where such an arrest is otherwise permitted by law; (2) the court, if satisfied that the offender has inexcusably failed to comply with a substantial requirement imposed as a condition of the order may revoke the suspension or probation and sentence or re-sentence the offender. Violation of a condition shall not result in revocation, however, unless the court determines that revocation under all the circumstances then existing will best satisfy the ends of justice and the best interests of the public. (3) Upon showing of probable cause before the Court, pursuant to Subsection (a)(1), a summons or warrant shall issue and the period of probation shall thereby be tolled pending the hearing upon the motion and the decision of the Court. (A) The period of tolling shall start on the date the summons or warrant is filed by the Clerk of Court and shall end on the date the Clerk of Court files a judge’s written decision or the judge issues an oral decision in open Court, whichever first occurs, on whether the defendant violated a condition of probation. (B) Unless otherwise ordered by the Court, the defendant’s term of probation shall be extended for the number of days time is tolled. (C) During the period the time is tolled, the defendant shall remain subject to all conditions of probation. 39 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (4) In the event the Court, following a hearing, is satisfied that the defendant’s failure to comply with the conditions of probation was excusable, the Court may order that the defendant may be credited with the tolled period for purposes of computation of the remaining probation, if any. However, if the defendant fails to comply with the terms of probation during the tolled period, another affidavit of probable cause or petition for revocation may be filed and time may be tolled again. (b) When the court revokes a suspension or probation, it may impose on the offender any sentence that might have been imposed originally for the crime of which he was convicted. (c) Notwithstanding any other provisions of the law, the Court may, upon good cause shown, extend probation beyond the terms set forth in § 80.64(a) up to a maximum additional term of one (1) year for petty misdemeanors and misdemeanors, and a maximum additional term of two (2) years for felonies. (d) The amendments made in Subsections (a) and (c) of this Section shall apply prospectively to criminal acts committed after the effective date of this Section. [8/14/1998] SOURCE: G.P.C. § 1232: Rule 32(f), Rules of Cr. Proc.; M.P.C. § 301.3; Mass. ch. 264, § 23; N.J. § 2C:45-3. Subsection (a)(3) added by P.L. 24239:15. Subsection (a)(4) added by P.L. 24-239:16. Subsection (c) added by P.L. 24-239:17. Subsection (d) added by P.L. 24-239:18. Date added by Compiler. 2018 NOTE: Subitem designations added in subsection (a)(3) pursuant to 1 GCA § 1606. CROSS-REFERENCES: ABA, Probation 5.1-5.4 (1970). § 80.68. Revocation: Hearing Required; Release Permitted; Confinement Provided for. (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 controvert the evidence against him, to offer evidence in his defense and to be represented by counsel. 40 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) Pending the hearing required by Subsection (a), the offender may be released in the manner and subject to the conditions prescribed by Title 8 GCA Chapter 40 (Criminal Procedure) (commencing with § 40.10). However, if there is probable cause to believe that the offender has committed another crime or if he has been held to answer therefor, the court may commit him without bail, pending a determination of the charge by the court having jurisdiction thereof. SOURCE: G.P.C. § 1232; Rule 32 (f), Rules of Cr. Proc.; *M.P.C. § 301.4; Mass. ch. 264, § 24; N.J. 2C:45-4. ---------ARTICLE 5 PAROLE § 80.70. § 80.70.1. § 80.71. § 80.72. § 80.74. § 80.76. § 80.78. § 80.80. § 80.82. § 80.84. § 80.86. § 80.88. When Parole Permitted. Definitions. Definition of Board as Guam Parole Board. Exception for Parole Eligibility. Preparing Prisoner for Parole Hearing. Standards Governing Release on Parole. Records to be Made Available to Board. Conditions of Parole. Sanctions for Violation of Parole. Revocation Hearing Required: Standards for Revocation of Parole. Prison Term After Revocation: Current Prisoners Provided for. Discretionary and Mandatory Release from Parole. § 80.70. When Parole Permitted. (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 sentenced to a term of imprisonment for the commission of a violent crime, such offender may be released conditionally on parole upon completion of eighty-five percent 41 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (85%) of his fixed sentence or thereafter in accordance with the provisions of this Article. (1) Nothing in this Section shall be construed as limiting or mitigating in any fashion the discretionary or mandatory imposition of a sentence of life imprisonment without parole for any offense, as may be detailed elsewhere in this Title or the laws of Guam. (2) For the purposes of this Section, a violent crime is defined as one (1) or more of the following: (A) aggravated murder, as defined in 9 GCA § 16.30; (B) murder, as defined in 9 GCA § 16.40; (C) manslaughter, as defined in 9 GCA § 16.50, and when such manslaughter is not involuntary; (D) aggravated assault, as defined in 9 GCA § 19.20, and when it is a felony in the first degree; (E) kidnapping, as defined in 9 GCA § 22.20, and when it is a felony in the first degree; (F) first degree criminal sexual conduct, as defined in 9 GCA § 25.15; (G) second degree criminal sexual conduct, as defined in 9 GCA § 25.20; (H) aggravated arson, as defined in 9 GCA § 34.20; (I) first degree robbery, as defined in 9 GCA § 40.10; or (J) second degree robbery, as defined in 9 GCA § 40.20. (b) A sentence to a fixed term of imprisonment includes, as a separate portion of the sentence, a term of parole or of recommitment for violation of the conditions of parole which governs the duration of parole or recommitment after the offender’s first conditional release on parole. The term is three (3) years unless 42 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS the conviction was for a misdemeanor in which case it is one (1) year. (c) If an offender is recommitted upon revocation of his parole, the term of further imprisonment upon such recommitment and of any subsequent reparole or recommitment under the same sentence shall be fixed by the Guam Parole Board but shall not exceed in length the longer of the unserved balance of: (1) the parole term provided by Subsection (b); or (2) the remainder of the original sentence determined from the date of conviction. (d) When the parole term has expired or he has been sooner discharged from parole, an offender shall be deemed to have served his sentence and shall be released unconditionally. (e) Notwithstanding any other provision of law to the contrary, all sentenced and incarcerated first offenders who have been convicted and sentenced to a prison term for non-violent or non drug offense(s) shall be eligible for parole after serving fifty percent of their prison term. All procedures for applying for parole, reviewing and granting parole under this section, except as stated herein, shall be governed by the provisions of Article 5 of this Chapter. (f) Upon entry into the Guam Adult Reentry Court Program, the Guam Adult Reentry Court may order rehabilitation and treatment services to be provided, determine appropriate incentives, order appropriate sanctions, and hear and determine appropriate responses to alleged violations, unless and until the Court terminates the parolee’s enrollment in the Program. SOURCE: Compare Govt. Code §§ 39100, 39100.1, 39115-39917; M.P.C. § 6.10; Mass. ch. 264, §§ 26, 27; *N.J. § 2C:43-9. Enacted 1977; Subsections (a) and (b) repealed and reenacted by P.L. 14-143, eff. (Oct. 1, 1978). Subsection (a) amended by P.L. 24-270.1. Subsection (e) added by P.L. 24-271:2. Subsection (f) added by P.L. 34-081:3 (Feb. 10, 2018). 2018 NOTE: Reference to “Territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 43 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters in subsection (a) were altered to adhere to the Compiler’s alpha-numeric scheme. CROSS-REFERENCES: N.J. Cr. Law Rev. Comm.; N.J. Penal Code 319323 (Final Report, 1971); G.P.C. § 1231(b). COMMENT: This Article proceeds on the view that conditional release on parole, with its accompanying supervision, is a normal and necessary state in the transition from prison life to full freedom in the community; and that it should, therefore, be the invariable incident of a prison sentence, not an exceptional act of grace bestowed upon good risks and withheld from the bad. This concept requires the abandonment of the idea that the parole period is a portion of the original prison sentence not required to be served in prison. It calls for thinking of a period of supervised release - “parole term” - as the invariable incident of any prison sentence. The prison sentence determines the maximum period that may be served in prison prior to conditional release. This further period, which may or may not be within the limits of the original prison sentence, is by operation of law made an incident of any sentence of imprisonment for term. A prison sentence, in short, contains two (2) parts. The first part determines when the offender may and when he must be released on parole. The second part, stated in this Article, determines when the offender may and when he must be discharged from parole. This approach is a substantial variation from the system formerly in effect. Under the Penal Code, the Parole Board’s power to control a convicted person was limited by the maximum term of the sentence imposed upon him. Thus, if a person was released on parole with six (6) months of his total sentence remaining, his total parole term could be only six (6) months. It should be noted that the “term” referred to in this Section does not refer to the method of indefinite sentencing formerly practiced by the State of California. Rather, it refers only to the situation where the judge sets the maximum term of imprisonment, and a minimum term where authorized, but that term is determined by law, not by some “Adult Authority.” Thus, despite the wording, it appears that this sentencing does not differ that radically from the former method found in the Penal Code. Nevertheless, this Article does provide a variance from the Penal Code. § 80.70.1 Definitions. 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. 44 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) Rated Capacity shall mean the total number of inmates who can be safely incarcerated in the Prison or any portion of the Prison as established by the Federal Bureau of Prisons or other Federal agency of the United States qualified to provide a rating or maximum number for a safe and controllable population for the Prison or any of its subunits. (c) Eligible for Parole is when a sentenced and incarcerated offender may apply for release from confinement conditionally on parole to the Guam Parole Board pursuant to Article 5 of this Chapter. (d) Prison Population shall mean the total number of incarcerated persons confined within the Prison or within a subunit of the Prison. (e) First Offenders shall mean a convicted, sentenced and/or incarcerated person-who has no other prior conviction for any felony offense within Guam or any other jurisdiction other than the offense for which the person is convicted and/or incarcerated. (f) Non-Violent Offense shall mean an offense pursuant to which an offender is confined which did not contain an element requiring proof of Bodily Injury, the threat of Bodily Injury or an Attempt to cause Bodily Injury or Criminal Sexual Conduct. (g) Bodily Injury shall mean physical pain, illness, unconsciousness or any impairment of physical condition. (h) Attempt shall mean to commit a crime when, with intent to engage in conduct which would constitute such crime were the circumstances as he believes them to be, he performs or omits to perform an act which constitutes a substantial step toward commission of the crime. (i) Criminal Sexual Conduct shall mean any offense defined in Chapter 25 of this Title. (j) Non-Drug Offense shall mean an offense which did not include a violation of the Uniform Controlled Substance Act. 45 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (k) Prison Term shall mean the term of actual incarceration for First Offenders incarcerated for Non-Violent Offenses. In the case of all other inmates, Prison Term shall mean the term of actual incarceration plus any suspended term of imprisonment. Notwithstanding any other provision of law to the contrary, this definition of Prison Term shall be controlling whenever the term is used to determine eligibility for parole or to determine the date an inmate is Eligible for Parole. SOURCE: Added by P.L. 24-271:1 (Oct. 2,1998). § 80.71. Definition of Board as Guam Parole Board. 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. § 80.72. Exception for Parole Eligibility. (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 her fixed sentence or after a greater time set by the Court, which shall state reasons therefor, provided that in the case of an offender sentenced to a term of imprisonment for the commission of a violent crime, such offender may be released conditionally on parole upon completion of eighty-five percent (85%) of his or her fixed sentence or after a greater time set by the Court, which shall state reasons therefor, or in the case of a person sentenced to life imprisonment, after such person has been confined for twenty-five (25) years. (1) Nothing in this Section shall be construed as limiting or mitigating in any fashion the discretionary or mandatory imposition of a sentence of life imprisonment without parole for any offense, as may be detailed elsewhere in this Title or the laws of Guam. (2) For the purposes of this Section, a violent crime is defined as one or more of the following: (A) aggravated murder, as defined in 9 GCA § 16.30; 46 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (B) murder, as defined in 9 GCA § 16.40; (C) manslaughter, as defined in 9 GCA § 16.50, and when such manslaughter is not involuntary; (D) aggravated assault, as defined in 9 GCA § 19.20, and when it is a felony in the first degree; (E) kidnapping, as defined in 9 GCA § 22.20, and when it is a felony in the first degree; (F) first degree criminal sexual conduct, as defined in 9 GCA § 25.15; (G) second degree criminal sexual conduct, as defined in 9 GCA § 25.20; (H) aggravated arson, as defined in 9 GCA § 34.20; (I) first degree robbery, as defined in 9 GCA § 40.10; or (J) second degree robbery, as defined in 9 GCA § 40.20. (b) The Board shall consider the desirability of parole of each inmate at least sixty (60) days prior to his/her first eligibility. (1) Following such consideration, the Board shall issue a formal order granting or denying parole. (2) If parole is denied, (A) the Board shall state in its order the reasons therefor and the approximate date of next consideration, which shall not be more than one (1) year from the date of the previous consideration, except (i) that if a person imprisoned for the commission of a violent crime has been denied parole by the Board for two (2) consecutive years, the Board shall set the next consideration four (4) years from the date of the previous consideration. 47 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (ii) Said person shall not be eligible for parole again for at least four (4) years after the date of the last denial of parole. (B) The Board need not state any reasons for denial if to do so would impair a course of rehabilitative treatment of the inmate. SOURCE: Enacted 1977; repealed and reenacted by P.L. 14-143:18 (Sept. 28, 1978), eff. (Oct. 1, 1978). Subsection (a) amended by P.L. 24-270:2. Subsection (b) amended by P.L. 34-028:2 (July 13, 2017). 2018 NOTE: Subitem designations altered/added in subsection (a) pursuant to 1 GCA § 1606. 2017 NOTE: Subitem designations added in subsection (b) pursuant to authority granted by 1 GCA § 1606. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric scheme. COMMENT: Note the addition of new §§ 55015 and 39100.2 to the Government Code by P.L. 14-151, effective 10/17/78. These two sections place restrictions on prisoners’ going outside the boundaries of the Guam Penitentiary without the authority of the Parole Board. But see Court Decision following § 80.48 invalidating these sections. § 80.74. Preparing Prisoner for Parole Hearing. (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 employment he will follow. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of his plan and in securing information for submission to the board. (b) A prisoner shall permitted to advise with any persons whose assistance he reasonably desires, including his own legal counsel, in preparing for a hearing before the board. SOURCE: cf. Govt. Code § 39106; *M.P.C. § 305.7; Mass. ch. 264, § 29. § 80.76. Standards Governing Release on Parole. (a) Whenever the board considers the release of a prisoner for parole, the board shall order his release, if it is of the opinion that: 48 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (1) his release is compatible with public safety and security; (2) there is substantial likelihood that he will abide by law and conform to the conditions of parole; (3) his release at that time would not depreciate the seriousness of his crime nor promote disrespect for law; (4) his release would not have a substantially adverse effect on institutional discipline; and (5) his continued correctional treatment, medical care or vocational or other training in the institution will not substantially enhance his capacity to lead a law-abiding life when released at a later date. (b) In making its determination regarding a prisoner’s release on parole, the board may consider, to the extent relevant, the following factors: (1) the prisoner’s personality, including his age and maturity, stability, sense of responsibility and any apparent development in his personality which may promote or hinder his conformity to law; (2) the prisoner’s parole plan; (3) the prisoner’s ability and readiness to assume obligations and undertake responsibilities; (4) the prisoner’s family status and whether he has relatives who display interest in him or whether he has other close and constructive associations in the community; (5) the prisoner’s employment history, his occupational skills and training, and the stability of his past employment; (6) the type of home environment in which the prisoner plans to live; (7) the prisoner’s past use of narcotics or other harmful drugs, or past habitual and excessive use of alcohol; 49 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (8) the prisoner’s mental and physical make-up, including any disability or handicap which may affect his conformity to law; (9) the prisoner’s prior criminal record, including the nature and circumstances, recentness and frequency of previous offense; (10) the prisoner’s attitude toward law and authority; (11) the prisoner’s conduct in the institution, including whether he has taken advantage of the opportunities for selfimprovement afforded by the institutional program; (12) the prisoner’s conduct and attitude during any previous experience of probation or parole and the recentness of such experience. SOURCE: cf. Govt. Code § 39106; *M.P.C. § 305.7; Mass. ch. 264, § 29. COMMENT: While any competent parole board is sure to take these criteria and factors into account, the Legislature and the public are entitled to the greater assurance that this explicit provision may give. No “good time” provisions are retained. The power of the parole board to release the prisoner provides more than enough incentive to a prisoner to give a good account of himself while in prison. On the other hand, automatic “good time” credit may have the effect of requiring the release of potentially dangerous person before such a release is warranted in the judgment of the Director of Corrections and the parole board. § 80.78. Records to Be Made Available to Board. 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 to furnish such of the following records and information regarding the prisoner as may be available: (a) a report prepared by the institutional parole staff, relating to his personality, social history and adjustment to authority, and including any recommendations which the institutional staff may make; 50 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) all official reports of his prior criminal record, including reports and records of earlier probation and parole experiences; (c) any pre-sentence investigation report of the sentencing court; (d) any recommendations regarding his parole made at the time of sentencing by the sentencing judge or the prosecutor; (e) the reports of any physical and mental examinations of the prisoner; (f) any relevant information which may be submitted by the prisoner, the victim of his crime, or by other persons; (g) the prisoner’s parole plan; (h) the record of his conduct while imprisoned; (i) such other relevant information concerning the prisoner as may be reasonably available. SOURCE: Govt. Code §§ 39101, 39104, 39105; M.P.C. § 305.10; Mass. ch. 264 § 31. COMMENT: Section 80.78 is comparable to former Government Code §§ 39101, 39104 and 39105, all of which have been repealed to conform with this Code. § 80.80. Conditions of Parole. (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 while he remains under parole, that he: (1) support his dependents and meet other family responsibilities; (2) devote himself to an approved employment or occupation; (3) remain within the geographic limits fixed in his certificate of parole, unless granted written permission to leave such limits; 51 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (4) report, as directed, upon his release to his parole officer at such regular intervals as may be required, answer all reasonable inquiries by the parole officer, and permit the officer to visit him at reasonable times at his home or elsewhere; (5) reside at any place fixed in his certificate of parole and notify his parole officer of any change in his address or employment; (6) reside in a boarding home, hospital, or other parole residence facility, for such period and under such supervision or treatment as the board may deem appropriate; (7) refrain from possessing firearms or other dangerous weapons; (8) submit himself to available medical or psychiatric treatment; (9) refrain from associating with persons known to him to be engaged in criminal activities or, without permission of his parole officer, with persons known to him to have been convicted of a crime; (10) pay a fine imposed by the court as provided in this Chapter; (11) satisfy any other conditions reasonably related to his rehabilitation or to the public safety and security. (b) Before release on parole, a parolee shall be provided with a certificate or parole setting forth the conditions of his parole, and shall sign a statement agreeing to such conditions. SOURCE: Government Code § 39103; M.P.C. § 305.13; *Mass. ch. 264, § 33; N.J.S. 3:3-123.15. COMMENT: Section 80.80 simply specifies in greater detail some of the conditions that may be imposed when parole is granted. § 80.82. Sanctions for Violation of Parole. (a) If the parole officer has probable cause to believe that a parolee has violated a condition of parole, he shall notify the board. 52 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS After consideration of the records submitted, and after such further investigation as it may deem appropriate, the board may order: (1) that the parolee receive a reprimand and warning from the board; (2) that parole supervision and reporting be intensified; (3) that the parolee be required to conform to one or more additional conditions of parole which may be imposed in accordance with § 80.80, including but not limited to living in a parole residence facility; (4) that the parolee be arrested under its warrant authorizing his detention in any jail, lockup, or any other correctional institution, pending a preliminary determination by the board as to whether he should be release or held in accordance with the terms of his original commitment. Such determination shall be made without a hearing within fifteen days of such arrest. If the determination is made that he be held in accordance with the terms of his original commitment, he shall be so held, pending a hearing pursuant to § 80.84 to determine whether his parole should be revoked. (5) that the parolee be arrested and held forthwith in accordance with the terms of his original commitment to await a hearing pursuant to § 80.84 to determine whether his parole should be revoked. (b) If a parole officer has probable cause to believe that a parolee has violated or is about to violate a condition of parole and that an emergency situation exists, so that awaiting determination by the board would create an undue risk to the public or to the parolee, the parole officer may arrest the parolee or cause him to be arrested, with or without first issuing a warrant for his detention, and may call on any law enforcement office to assist in the arrest. (1) The parolee shall thereupon be detained on the written order or warrant of the parole office in a local jail, lockup, or other detention facility, pending action by the Board of Parole. 53 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (2) Immediately after such arrest and detention, the parole officer concerned shall notify the board and submit a written report of the reason for such arrest. (3) Thereupon the board may order the release of the parolee or take such action as is authorized in Subsection (a) with respect to parolees arrested under its warrant. (c) (1) If a parolee is a participant in the Guam Adult Reentry Court Program, the violation of a condition of parole shall be addressed in the Guam Adult Reentry Court. (2) If a parolee fails to complete or is terminated from the Guam Adult Reentry Court Program, the parolee shall be referred to the Parole Office or the Parole Board for disposition. SOURCE: GC §§ 39110, 39110; M.P.C. § 305.16; *Mass. ch. 264, § 34; N.J.S. 30:4-123.23. Subsection (c) added by P.L. 34-081:4 (Feb. 10, 2018). 2018 NOTE: Subitem designations added in subsections (b) and (c) pursuant to 1 GCA § 1606. CROSS-REFERENCES: GC § 39113. § 80.84. Revocation Hearing Required: Standards for Revocation of Parole. (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 notice of the violation charged. (2) The institutional parole staff shall render reasonable aid to the parolee in preparation for the hearing and he shall be permitted to advise with his own legal counsel. (3) At the hearing the parolee may admit, deny, or explain the violation charged, and may present evidence, including affidavits, in support of his conventions. (b) The board may by majority vote of its members order revocation of parole if it is satisfied that: 54 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (1) the parolee has failed, without a satisfactory excuse, to comply with a requirement imposed as a condition of his parole; and (2) the violation of condition involves: (A) the commission of another crime; (B) behavior indicating a substantial risk that the parolee will commit another crime; or (C) behavior indicating that the parolee is unwilling or unable to comply with the conditions of parole. (c) The failure by the board to hold a hearing within sixty days, as required by Subsection (a), shall not be a ground for release of the offender, but his right to such a hearing may be enforced by a judge of the superior court by court order after a hearing. SOURCE: Govt. Code § 39113; M.P.C. § 305.15; *Mass. ch. 264, § 35. 2018 NOTE: Subitem designations added in subsection (a) pursuant to 1 GCA § 1606. § 80.86. Prison Term After Revocation: Current Prisoners Provided for. (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 considered by the board for re-parole at any time. He shall be considered for reparole not more than six months after reconfinement. (c) Persons recommitted for violation of parole prior to the effective date of this Section shall, with their consent, have their maximum term of imprisonment recomputed in accordance with Subsection (a), or set a six months following the operative date of this Section, whichever period shall be longer. All such persons shall be considered by the board for re-parole in accordance with Subsection (b). The remaining period of incarceration eliminated from the person’s sentence shall constitute a term of parole. 55 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS SOURCE: Compare Govt. Code §§ 39112, 39118, M.P.C. § 305.17; *N.J.S. 30.4-123.24. CROSS-REFERENCES: § 80.70 - Parole Term. COMMENT: There is no provision in § 80.86 for the forfeiture of good time or for special treatment if the parolee commits a new offense. Under this Chapter, responsibility for sentencing the parole violator for the crime constituting the ground for revocation is placed on the hands of the sentencing court. On the other hand, the duration of the re-imprisonment on revocation is fixed under § 80.70. Subsection (c) makes clear that the benefits of this Section apply to present parole violators who face periods of incarceration which extend beyond those which would be applied under Subsection (d). Thus, Subsection (c) provides that, with the consent of the inmate, the maximum term of his confinement shall be recomputed as provided by this Article, or set at six months following the effective date of this Section. The six-months alternative is intended to allow the parole board time to recompute all affected sentences. Subsection (c) further provides that the period of incarceration eliminated shall constitute a term of parole. This is consistent with the policy of providing all inmates with a period of supervision upon release from the correctional institution. The consent of the inmate is necessary, otherwise, questions of ex post facto would most certainly arise. § 80.88. Discretionary and Mandatory Release from Parole. (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 welfare of the prisoner. Any such permission may be revoked by the board in its discretion. (b) Any person serving a parole term may, in the discretion of the board, be given a complete discharge from parole prior to the expiration of his maximum parole term, provided that he has completed at least one (1) year of satisfactory adjustment while on parole. (c) A parolee’s discharge from parole or from recommitment for violation of parole becomes mandatory upon completion of the maximum parole term. SOURCE: GC § 39114; *N.J.S. 30:4-123.30. 56 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS COMMENT: Subsection (a) is new Subsection while Subsections (b) and (c) are consistent with the former law. 2018 NOTE: Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. ---------ARTICLE 6 ALTERNATIVE COMMUNITY SERVICE § 80.90. § 80.91. § 80.92. § 80.93. § 80.94. Definitions. Alternative Service Restitution as Sentence; Restrictions. Time for Completion of Work, Alternative Fine or Imprisonment. Waiver of Liability. Minimum Wage; Restitution for Actual Amount Lost. § 80.90. Definitions. 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 which includes: charitable agencies, governmental subdivisions, educational institutions, the handicapped, the elderly, the ecology, the church of the offender’s choice and any other agencies that the sentencing judge deems reasonably rehabilitative to the offender, however, no work service shall result in gain to any private individual or corporation, other than the defendant. (b) Self-Improvement and Rehabilitative Programs shall include, but are not limited to, educational and vocational school, classes in public or private schools, alcohol education/alcohol treatment, alcoholic anonymous meetings, vocational/health education and rehabilitation, employment counseling or any other self-improvement activities that the 57 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS sentencing judge deems reasonable rehabilitative and beneficial to the offender. SOURCE: Added by P.L. 16-051. § 80.91. Alternative Service Restitution as Sentence; Restrictions. 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 dependant stands convicted, or in any misdemeanor, petty misdemeanor, or violation case, including juvenile cases, but excluding every case in which the offense of which the defendant stands convicted carries a mandatory sentence of confinement or involves damage to property of the victim, may impose a sentence that contains any or all of the following elements: (a) Restitution as provided for in Chapter 80 of the Criminal and Correctional Code; (b) Alternative community service; or (c) Participation in a self-improvement and rehabilitative program. This provision shall not apply to any case in which the crime of which the defendant stands convicted is punishable by fine only. SOURCE: Added by P.L. 16-051; amended by P.L. 16-086 (May 11, 1982). § 80.92. Time for Completion of Work, Alternative Fine or Imprisonment. (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 to complete a sentence imposed under this Article, the sentencing judge shall give proportional credit for any portion of such sentence completed by deducting part of the fine or confinement, or in all cases where fine and confinement have been stated as a penalty, the percentage shall be deducted from both the fine and the term of confinement. 58 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS SOURCE: Added by P.L. 16-051. 2017 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. § 80.93. Waiver of Liability. (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 imposed hereunder shall be deemed public service without monetary compensation and shall not be deemed employment by any of the cooperating agencies, individuals or non-profit corporations that receive the work service. SOURCE: Added by P.L. 16-051. 2017 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. Reference to “The territory of” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 80.94. Minimum Wage; Restitution for Actual Amount Lost. (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 lost, or the offender may repay the crime victim by repairing the damages with the consent and agreement of the crime victim; or the offender may repay the crime victim with the consent and agreement of the crime victim. (c) (1) In the event that there is a dispute between the crime victim and the offender as to the amount of the loss, the judge shall set an amount that adequately and fairly compensates the crime victim, however, the crime victim may pursue his claim in a civil action, or be mutually agreed upon arbitration under the provisions of §§ 2110 through 2120 inclusive of the Civil Procedure Code of Guam, and any decision rendered by such 59 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS court or arbitrator shall be binding upon the offender, the sentencing judge and the crime victim. (2) The amount of restitution set by the sentencing judge hereunder shall not limit whatever other civil remedies the crime victim may have. (d) The sentencing judge shall give consideration to any community service that benefits the public and is beneficial to the offender. (1) Any charity, governmental agency or public cause that qualifies for a tax deduction to any donor under United States income tax laws or the tax laws of Guam shall be deemed beneficial to the public. (2) Any person convicted of Driving Under the Influence, as defined by 9 GCA § 92101(a) et seq., shall serve at least one-half (1/2) of that person’s community service, working in the litter cleaning program created by 9 GCA § 81.10, unless the Court determines that the defendant is prevented from working in said program by mental or physical infirmity. SOURCE: Added by P.L. 16-051 (Dec. 12, 1981). Subsection (d) amended by P.L. 25-170:2 (Oct. 19, 2000). 2018 NOTE: Altered the reference to 16 GCA §18101(a) pursuant to P.L. 34-107:5 (June 5, 2018). Reference to “Territory” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 2017 NOTE: Subitem designations added in subsection (c) and (d) pursuant to authority granted by 1 GCA § 1606. 2014 NOTE: Subsection (c) contains a reference to Civil Procedure Code of Guam §§ 2110-2120, which were codified as 7 GCA, Chapter 42 (§§ 42101-42111). P.L. 27-081:2 (Apr. 30, 2004) repealed 7 GCA, Chapter 42; accordingly, the references in subsection (c) do not lead to any existing law. ---------ARTICLE 7 HORMONE OR ANTI-ANDROGEN PILOT TREATMENT PROGRAM FOR CONVICTED SEX OFFENDERS 60 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS SOURCE: Article added by P.L. 33-067:2 (Sept. 7, 2015). 2015 NOTE: Pursuant to authority granted by 1 GCA § 1606, section numbers were altered to reflect the existing codification scheme. P.L. 33-067:1 stated that this act shall be known and may be cited as the “Chemical Castration For Sex Offenders Act.” § 80.101. Definitions. § 80.102. Hormone or Anti-Androgen Pilot Treatment Program – Establishment, Eligibility. § 80.103. Rules. § 80.104. Costs. § 80.105. Use of Hormone or Anti-Androgen Treatment Program with Persons not Included in Pilot Program; Referrals to the Program. § 80.106. Sunset Provision. § 80.101. Definitions. As used in this Article: (a) Sex crime means an offense under 9 GCA §§ 25.15, 25.20, or 25.25. (b) Parole Board means the Guam Parole Board established pursuant to 9 GCA, Chapter 85. § 80.102. Hormone or Anti-Androgen Pilot Treatment Program – Establishment, Eligibility. (a) The Department of Corrections shall establish a pilot treatment program for persons convicted of a sex crime who are eligible for, or sentenced to, parole or post-prison supervision. Evaluation of this pilot treatment program will be completed no later than three (3) years after the date of implementation of the program, and an evaluation report shall be transmitted to the Parole Board upon completion. The purpose of the program is to reduce the risk of reoffending after release on parole or post-prison supervision by providing certain persons, convicted of sex crimes who are deemed medically appropriate for the treatment program, with hormone or anti-androgen, such as medroxyprogesterone acetate, each year. 61 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS (b) Under the program, the Department of Corrections shall: (1) screen persons convicted of sex crimes who are eligible for release within six (6) months on parole or postprison supervision to determine their suitability for hormone or anti-androgen treatment upon release; (2) refer persons found most likely to benefit from hormone or anti-androgen treatment to a competent physician for medical evaluation, and a competent psychologist for psychological evaluation; and (3) refer those persons, unless medically contraindicated after the evaluation by a competent physician, to a community physician to begin hormone or anti-androgen treatment one (1) week prior to release on parole or post-prison supervision. (c) The Parole Board may require, as a condition of parole or post-prison supervision, hormone or anti-androgen treatment during all or a portion of parole or post-prison supervision of persons required to participate in the hormone or anti-androgen treatment program described in Subsection (b) of this Section. (d) A person required to undergo a treatment program under Subsection (b) of this Section violates a condition of parole or postprison supervision, and is subject to sanctions, if the person: (1) fails to cooperate in the treatment program required under Subsection (b) of this Section; or (2) takes any steroid or other chemical to counteract the treatment required under Subsection (b) of this Section. (e) If a person voluntarily undergoes a permanent surgical alternative to treatment under Subsection (b) of this Section, he or she shall not be subject to hormone or anti-androgen treatment under this Section. All costs of such permanent surgical alternative shall be paid by the person undergoing such procedure. (f) Any physician who acts in good faith under this Section in the administration of hormone or anti-androgen treatment, or the evaluation of persons for hormone or anti-androgen treatment, shall be immune from civil or criminal liability in connection with such treatment or evaluation. 62 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.103. Rules. (a) The Department of Corrections shall adopt rules, pursuant to the Administrative Adjudication Law, to implement and enforce the treatment program of hormone or anti-androgen, such as medroxyprogesterone acetate, under § 80.102 of this Article. Rules adopted under this Subsection shall include, but not be limited to: (1) a requirement that the offender be informed of the effect of the treatment program, including any side effects that may result from the treatment program; (2) a requirement that the offender acknowledge receipt of the information the Department is required to present to the offender under Paragraph (1) of this Subsection; (3) procedures to monitor compliance with the treatment program; (4) procedures to test for attempts to counteract the treatment program, that may include chemical testing of the offender’s blood and urine; and (5) a requirement that the Department of Corrections develop evaluation criteria and evaluate this pilot treatment program no later than three (3) years after the date of implementation of the treatment program, and that an evaluation report be transmitted to the Parole Board upon completion. (b) The Department of Corrections may contract, pursuant to the requirements of Guam law, with community physicians, laboratories, or other medical service providers, to administer the program of hormone or anti-androgen treatment under § 80.102 of this Article, or to monitor compliance with the treatment program. § 80.104. Costs. A person required to undergo a treatment program of hormone or anti-androgen, such as medoxyprogesterone acetate, under § 80.102 of this Article shall pay or reimburse all costs of the treatment program directly to the department, agency, or organization administering the treatment program. 63 COL9192018 9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS § 80.105. Use of Hormone or Anti-Androgen Treatment Program with Persons not Included in Pilot Program; Referrals to the Program. Nothing in § 80.102 or § 80.103 of this Article prohibits the Parole Board from requiring hormone or anti-androgen treatment for a person whom the Department of Corrections did not screen or evaluate as described in § 80.102 of this Article, or from referring to the Department of Corrections for screening, evaluation or treatment, as provided for under § 80.102 of this Article, persons convicted of sex crimes. § 80.106. Sunset Provision. The pilot treatment program shall come to an end forty-eight (48) months after the date of implementation of this treatment program. A detailed evaluation report, which addresses the effectiveness and financial impact of the pilot treatment program shall be provided by the Director of Department of Corrections to I Liheslaturan Guahan by the thirty-sixth (36th) month of the implementation of this treatment program to determine if new legislation should be passed authorizing its continuation. ---------- 64 COL9192018

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2019 Guam StatutesTitle 9 - Crimes & CorrectionsChapter 80 - Disposition of Offenders

2019 Guam Statutes
Title 9 - Crimes & Corrections
Chapter 80 - Disposition of Offenders