2019 Guam Statutes
Title 9 - Crimes & Corrections
Chapter 90 - Corrections

Universal Citation: 9 Guam Code §§ 90.10 - 90.100 (2019)

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9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS CHAPTER 90 CORRECTIONS Article 1. Article 2. Article 3. Article 4. Article 5. Department of Corrections. Western Interstate Corrections Compact. Interstate Compact on Juveniles. Prison Industries. Transfer Pursuant to Treaty. ARTICLE 1 DEPARTMENT OF CORRECTIONS § 90.10. § 90.15. § 90.16. § 90.20. § 90.25. § 90.27. § 90.30. § 90.35. § 90.40. § 90.45. § 90.46. § 90.47. § 90.48. § 90.49. Definitions. General Duties of Department of Corrections. Minimum Qualifications for Department of Corrections Officers. Corrections Advisory Council Established. Director to Establish Prisons. Prison May Serve as Overflow Lock-Up. Rules, Regulations & Disciplinary Rules Authorized. Director to Control Organization of DOC; Appoint Staff. General Duties of Director of Corrections. Authorization to Transfer Prisoners to Federal Correctional Institutions. Emergency Transfers of Inmates. Disciplinary Transfer of Inmates. Nursing Mothers-Accommodations. Corrections Revolving Fund. 2014 NOTE: The following Compiler’s Comment was published as an original annotation in the Criminal and Correctional Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). It was included 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), and was retained in past print publications of the GCA. The Comment is included herein for historical purposes: COMMENT: Article I of Chapter 90 (§§ 90.10 through 90.40) transfers the substance of §§ 55000 through 55013 of the Government Code dealing with, and creating the Department of Corrections. Likewise, Government Code §§ 8800 through 8805 have been incorporated and integrated into this Article. The appropriate sections of the Government Code have been repealed by P.L. 13-187. No changes have been made except to delete 1 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS certain obsolete transfer sections contained in the Government Code. § 90.10. Definitions. As used in this Chapter: (a) Director means the Director of Corrections. (b) Department means the Department of Corrections. § 90.15. General Duties of Department of Corrections. The Department shall protect the public from the destructive action of law offenders through control and rehabilitation. It shall provide staff services for the judiciary, the Parole Board, probation officers and interested agencies of the Executive Branch. § 90.16. Minimum Qualifications for Department of Corrections Officers. (a) Notwithstanding other provisions of law to the contrary, persons appointed as Corrections Officer shall: (1) be a resident of Guam and a U.S. citizen; (2) be of good health and good moral character; (3) be over the age of eighteen (18) years; (4) be a high school graduate or equivalent, but the POST Commission may set higher academic qualifications for all applicants as the Commission considers necessary; (5) submit to and pass a drug screening test, including, but not limited to, a urinalysis test; (6) submit to psychological testing; and (7) submit to a polygraph examination. (b) No person shall be appointed as a Corrections Officer who has not established satisfactory evidence of qualifications by passing a physical examination, which shall include a physical agility test, and written examinations based upon standards relevant to the duties to be performed, which standards shall be established by the Director of Corrections in conjunction with the Department of Administration. 2 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (c) No person shall be appointed as a Corrections Officer who has been convicted in any civilian or military court of a felony, a crime involving moral turpitude, a crime of domestic or family violence, or who has been administratively pardoned of any crime. (d) No person shall be appointed as a Corrections Officer before a thorough investigation of the applicant’s background and moral character is completed. (e) A Corrections Officer dismissed for cause shall be permanently ineligible for reappointment to any position in the Department. A Corrections Officer who resigns for the sole purpose of negating or averting a pending or anticipated disciplinary action to dismiss the Corrections Officer shall be ineligible for reappointment. (f) No person shall be appointed as a Corrections Officer who has not established satisfactory evidence of the ability to understand and work with persons with disabilities, including special needs and mental illness. Evidence of such ability shall be by a certificate of completion of the appropriate training as approved by the Department of Integrated Services for Individuals with Disabilities, as a condition for selection prior to appointment as a Corrections Officer. For the purpose of this Section, the term disability(ies), as is defined in the Americans with Disabilities Act, shall mean a physical or mental impairment that substantially limits one (1) or more major life activities of an individual. Incumbent uniformed officers who do not have a certificate of completion of the training as required in this Act shall, within six (6) months following the enactment of this Act, submit to the Department of Administration such certification as required herein. SOURCE: Added by P.L.31-172:2 (Feb. 3, 2012), effective (120) days from date of enactment pursuant to P.L. 31-172:3. § 90.20. Corrections Advisory Council Established. There is hereby the established Corrections Advisory Council, composed of the Chairman of the Guam Parole Board, the Chief Judge of the Superior Court, the Administrator of Social Services (Director, Public Health and Social Services) or his designee, the Principal of the Vocational & Technical High School or his representative, the United States Attorney or his representative and, in addition, one (1) representative from the business community and one (1) member of the general public, who shall be appointed by the Governor with the advice and consent of the Legislature. The Director of the Department shall be 3 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS ex officio secretary of the Council and the Department shall furnish necessary logistic support. The Council shall advice the Director and the Department as to the policies and procedures to carry out the intent and purposes of this Chapter. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.25. Director to Establish Prisons. The Director shall establish and operate correctional institutions, and other places of confinement, for prisoners serving sentences of imprisonment imposed by the Courts of Guam and other authorized prisoners, and other persons placed in the custody of the Director, pursuant to the laws of Guam. § 90.27. Prison May Serve as Overflow Lock-Up. In the event that a court of competent jurisdiction finds that a facility used to detain persons charged with a crime is inadequate, the court may direct the Director to hold such persons in his custody. Such person shall be detained in an area separate and apart from those persons who have been convicted of a crime and are serving sentences of imprisonment. § 90.30. Rules, Regulations & Disciplinary Rules Authorized. The Director subject to the approval of the Governor by Executive Order, is authorized to make rules and regulations for the administration of correctional institutions and other places of confinement, including, but not limited to, necessary disciplinary measures for inmates thereof and for their treatment, care, labor, rehabilitation and reformation. § 90.35. Director to Control Organization of DOC; Appoint Staff. (a) The Director may establish such divisions or other organizational units as he may determine to be necessary for the efficient and effective administration and operation of the Department. Each such division or organizational unit shall be subject to the supervision and discretion of the Director and shall have jurisdiction of such matters, exercise such powers and perform such duties as may be assigned to it by the Director or otherwise by applicable laws. (b) The Director may appoint and rename officers and other employees within the Department in accordance with the provisions of Title 4 of the Guam Code Annotated. 4 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (c) The Director may delegate authority for the performance of any of his powers or duties to any officer or employee under his direction and supervision. NOTE: Pursuant to the authority granted by 1 GCA § 1606, the reference to Title VII-A of the Government Code was altered to reflect its codification in the GCA. § 90.40. General Duties of Director of Corrections. As head of the Department, the Director: (a) Shall administer the Department. (b) Shall exercise and discharge the powers and duties of the Department through such divisions, or other organizational units as he may establish pursuant to this Chapter or as otherwise provided by law. (c) May formulate and adopt rules necessary or proper for the internal administration of the Department, subject to the approval of the Governor. § 90.45. Authorization to Transfer Prisoners to Federal Correctional Institutions. The Director is authorized to enter into one or more contracts with the Attorney General of the United States pursuant to the authority granted to the Attorney General of the United States by Title 18, United States Code, § 5003, for the custody, care, subsistence, education, treatment and training in one or more Federal correctional institutions, of persons convicted of criminal offenses in the courts of Guam; provided, that any such contract shall provide for the reimbursement of the United States in full for all costs or other expenses incurred by the United States for such custody, care, subsistence, education, treatment and training; and provided further, that the Director shall comply with the relevant provisions of §§ 90.46 through 90.48 inclusive of this Code prior to the physical transfer of any such person to a Federal correctional institution. SOURCE: Added by P.L. 15-59:1, eff. 08/31/79. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.46. Emergency Transfers of Inmates. (a) Existence of correctional emergency. The Director may declare a correctional emergency under the following circumstances: 5 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (1) When the Director determines the existence of conditions which have affected, or in the immediate future will affect, the physical integrity of any correctional institution over which he has jurisdiction or the health or safety of the inmates thereof; and (2) The effect of such conditions will, in the Director's opinion, be to render such institution unable to provide secure custody and proper care for the inmates thereof. The term 'conditions' as used hereinabove includes, although it is not limited to fire, earthquake, explosion, typhoon, flood, other acts of God and calamitous events and diseases, but it shall not include riot, insurrection or any other disturbance created by the inmates of such institution. (b) Procedure for Declaration. Whenever the Director determines the existence of a correctional emergency as defined hereinabove, he shall make and execute a short, plain written statement setting forth the nature of such emergency and the basis for his opinion that such emergency will render such institution unable to provide secure custody and proper care for the inmates thereof. Such statement shall be filed in the permanent records of the Department as soon after its execution as is practicable. Copies of such statement shall be delivered to the Parole Board and to the Office of the Attorney General within five (5) calendar days after its execution by the Director. (c) Transfer of Inmates. Following the declaration of a correctional emergency as provided for hereinabove, the Director may, without further delay, enter into one or more contracts such as those contemplated by §§ 90.45 of this Code or by Article III of the Western Interstate Corrections Compact (§ 90.52 of this Code), and he may thereafter transfer an inmate or inmates of the correctional institution for which such correctional emergency was declared to another correctional institution without any further administrative proceedings; provided, however, that any transfer of an inmate or inmates under conditions of correctional emergency shall be to a correctional institution within Guam, if such then exists and then has the capability of providing secure custody and proper care to such inmate or inmates, and that no inmate shall be transferred to a correctional institution outside of Guam under conditions of correctional emergency unless no correctional institution then existing within Guam then has the capability of providing secure custody and proper care to such inmate. 6 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (d) Termination of Correctional Emergency. Whenever the Director determines that the conditions which necessitated the declaration of a correctional emergency no longer have the effect of rendering the correctional institution unable to provide secure custody and proper care for the inmates thereof, the Director shall declare the termination of such correctional emergency. Such declaration shall be in writing and executed by the Director and shall be filed and delivered as set forth in Subsection (b) of this Section. Such termination shall be effective immediately upon its execution. (e) Return of Inmates. Upon the termination of a correctional emergency, all inmates who were transferred under the provisions of Subsection (c) of this Section shall immediately be returned to the correctional institution from which they were transferred, at the Department's expense. SOURCE: Added by P.L. 15-59:2, eff. 08/31/79. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.47. Inmate Transfer: Non-Emergency. The Director of Corrections is authorized to transfer an inmate to a correctional institution outside of Guam in non-emergency circumstances. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.47.01. Same: Disciplinary Transfer. The Director may recommend the transfer of an inmate to an institution outside of Guam for disciplinary reasons in the following circumstances: (a) when an inmate is alleged by an officer, employee or other inmate to have committed a violation of such institution’s rules or regulations, which violation might constitute a threat to the order or discipline of the institution or to the physical safety of an officer, employee or any inmate; or (b) when an inmate is subsequently convicted of a violation of § 58.20 or § 58.30 of this Code, or of any violent crime. SOURCE: Repealed and reenacted by P.L. 24-86:1. 7 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.47.02. Same: Non-disciplinary Transfer. The Director may recommend the transfer of an inmate to an institution outside of Guam for non-disciplinary circumstances under either of the following circumstances: (a) whenever the Director determines that, due to the physical or mental condition of an inmate, the present incarceration lacks adequate facilities for custody, care, subsistence, education, treatment or training of the inmate, and that of the inmate would be better served by transfer to an institution outside of Guam; or (b) whenever the Director determines that due to overcrowding which impacts on the adequacy of the facility to provide for the safe custody, care, subsistence, education, treatment and training of an inmate the interest of the inmate is better served by such transfer to an institution outside Guam. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.47.03. Same: Procedures for Transfers. Whenever the Director of the Department of Corrections determines that an inmate be recommended for transfer to a correctional institute outside of Guam, the Director shall convene a Transfer Review Committee to review the basis for such recommended transfer. The Director shall promulgate through Executive Order rules and regulations for the establishment of a Transfer Review Committee to include: (a) a minimum of five (5) members to include a DOC case worker, the Attorney General or representative, a correctional officer, an inmate, a member of the clergy; (b) provisions for due notice on a recommended transfer, which shall include timely notice to the inmate and the Attorney General; (c) provisions for hearing, final decision and appeal from a final decision of transfer; (d) provisions for maintaining a record of each hearing. 8 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. SOURCE: Repealed and reenacted by P.L. 24-86:1. § 90.47.04. Same: Basis of Determination. (a) The Transfer Review Committee shall base its determination for transfer upon substantial evidence as presented on the record at hearing, and shall be final. No inmate shall be recommended for transfer while any conviction for which he was incarcerated is on appeal. Any statement made by an inmate during the course of a transfer hearing shall not be admitted in evidence against the inmate in any subsequent criminal action, except for the purpose of impeachment or in a trial for perjury, false swearing or contempt. (b) The Administrative Adjudication Law and the Open Government Law shall not apply to any proceeding or action taken under this Section, nor shall any inmate be represented by counsel in any proceeding held pursuant to this Section. SOURCE: Repealed and reenacted by P.L. 24-86:1. § 90.47.05.Same: Appeal from Determination. Any inmate whom the Transfer Review Committee has determined is to be transferred under these provisions may appeal such determination to the Superior Court of Guam. The review of the Superior Court shall not be de novo, and shall be limited to a review of the record to determine whether the Transfer Review Committee made its determination based upon a fair and full hearing. A determination may be reversed only upon a showing that the Committee abused its discretion in applying the rules and regulations to the facts which provided the basis for the recommended transfer, and that to allow the decision to stand would result in a miscarriage of justice. Notice of filing an appeal in accordance with this Subsection does not automatically stay an inmates transfer pending appeal. SOURCE: Added by P.L. 15-59, eff. 08/31/79. Repealed and reenacted by P.L. 2486:1. § 90.48. Nursing Mothers-Accommodations. (a) The Director of the Department of Corrections must make reasonable efforts to provide a breast pump and a sanitary room, other than a toilet stall, or a private area where a nursing mother confined at the Department of Corrections facilities can express her milk. 9 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (b) A nursing mother confined at the Department of Corrections facilities may be allowed to breastfeed her child in a sanitary room, other than a toilet stall, or a private area as long as safeguards are in place, as determined by the Director, to prevent her escape and as long as it is not a threat to the infant’s and the public’s safety and welfare. SOURCE: P.L. 32-098:3 (Nov. 27, 2013) added 9 GCA § 80.49.1, codified by Compiler as 9 GCA § 90.48. 2014 NOTE: This section was originally entitled “Inmate Transfers for NonEmergency and Non-Disciplinary Reasons.” Added by P.L. 15-059:4 (Aug. 31, 1979). Repealed by P.L 24-086:2 (Oct. 6, 1997). In light of the repeal occurring more than five years ago, the Compiler used the code section for a newly added statute pursuant to the authority granted by 1 GCA § 1606. § 90.49. Corrections Revolving Fund. There is hereby created, within the Department of Corrections, a revolving fund called the ‛Corrections Revolving Fund’, which shall be established by the Department of Administration in accordance with the following provisions: (a) All funds collected from the U.S. Marshal Service, the U.S. Immigration Service and the U.S. Bureau of Prisons for housing U.S. prisoners and detainees, confinement of military personnel as agreed to in a Memorandum of Agreement between the United States Air Force and the Department of Corrections dated March 5, 2003, employees of the Department of Corrections for meals they purchase at the Department’s dining facility, and the sale of hot garbage (pig slop) to private persons, shall be deposited into said Fund. (1) Funds in the Corrections Revolving Fund may be used to purchase clothing for prisoners and detainees, foodstuffs for the dining facility, galley catering services and, equipment, medical/dental supplies, prescription and over-the-counter medicines, sanitary/ hygiene supplies, and other pharmaceutical supplies for prisoners and detainees, including payment for prisoner-detainee maintenance costs in any offisland prison or medical institutions, payment for overtime and related personnel costs and for DepCor Department of Correction Reservists. 10 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (2) Expenditures from the Fund shall be approved by the Director of Corrections and posted on the Department’s website. (3) A complete and accurate accounting of all money deposited into and withdrawn from such Fund shall be maintained by the Director of Administration. (4) Such accounting shall include and clearly identify the sources and amounts of all funds paid into or withdrawn from said Fund. (b) The Corrections Revolving Fund shall be maintained separate and apart from all other funds of the government of Guam. (c) No expenditures and encumbrances from the Corrections Revolving Fund shall be made without legislative approval through appropriation. SOURCE: Added by P.L. 27-106:VI:17 (Sept. 30, 2004). Amended by P.L. 28068:IV:108 (Sept. 30, 2005). ---------ARTICLE 2 WESTERN INTERSTATE CORRECTIONS COMPACT § 90.50. § 90.51. § 90.52. § 90.54. § 90.56. § 90.58. § 90.60. § 90.62. § 90.64. § 90.66. Purpose of Article. Compliance to §§ 90.46-90.48. Compact Stated. Director, Department of Corrections May Commit Prisoner Outside of Guam Pursuant to Terms of Compact. All Agencies of Government of Guam Shall Enforce Compact. Director, Department of Corrections May Hold Hearings as Required by Compact. Governor May Contract to Implement Compact. Guam to Provide Transportation to Guam Resident Ending Sentence Out-of-Guam. Severability. Effective Date. 2014 NOTE: The following Compiler’s Comment was published as an original annotation in the Criminal and Correctional Code (1977), enacted by 11 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS P.L. 13-185 (Sept. 2, 1976). It was included 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), and was retained in past print publications of the GCA. The Comment is included herein for historical purposes: COMMENT: Article 2 restates verbatim §§ 8820 through 8828 of the Government Code, which is the AWestern Interstate Corrections Compact.@ These sections in the Government Code have been repealed by P.L. 13-187 (Sept. 2, 1976). § 90.50. Purpose of Article. The purpose of this Article is to enact enabling legislation for the enactment of the Western Interstate Corrections Compact, hereinafter referred to as the Compact. This Article may be cited as the Western Interstate Corrections Compact Enabling Act. § 90.51. Compliance to §§ 90.46-90.48. No person shall be transferred to a correctional institution outside of Guam unless the applicable provisions of §§ 90.46, 90.47 or 90.48 of this Code have first been complied with or unless such person has been legally sentenced to a term of imprisonment in such a correctional institution. SOURCE: Added by P.L. 15-059:5 (Aug. 32, 1979). 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. 2014 NOTE: The following comment is found in prior print publications of the GCA: COMMENT: Congress appears to have given its consent to Guam's entry into the Compact, by enacting P.L. 87-406 in 1962. The effect of this law was to amend 4 U.S.C. § 112, adding Guam to the list of States and territories to which Congress gave its consent for entry into A..agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the enforcement of their respective criminal laws and policies...@ (emphasis added). It would appear that the Western Interstate Corrections Compact is the type of compact to which Congress was referring in P.L. 87-406, and that the necessary Congressional approval has therefore been granted. COURT DECISIONS: D.C. GUAM, 1978. Compact does not include federal correctional institutions. Santos v. Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandum Order, 10/27/78; Duenas, J.) D.C. GUAM, 1978. Article VII of Compact requires consent of Congress before Guam can become member of Compact and legally enter into inmate transfer contracts with other members. Santos v. Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandum Order, 10/27/78; Duenas, J.) 12 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS [Later research has determined that Congress has generally consented to Guam's entry into this comment.] § 90.52. Compact Stated. The Compact as contained herein is hereby enacted into law and entered into on behalf of Guam with any and all states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by common action to improve their institutional facilities and provide programs of sufficiently, high quality for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society. The purpose of this Compact is to provide for the development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders. Article II Definitions As used in this Compact, unless the context clearly requires otherwise: (a) State means a state of the United States, or, subject to the limitation contained in Article VII, Guam. (b) Sending State means a state party to this Compact in which conviction was had. (c) Receiving State means a state party to this Compact to which an inmate is sent for confinement other than a state in which conviction was had. (d) Inmate means a male or female offender who is under sentence to, or confined in, a prison or other correctional institution. (e) Institution means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates may lawfully be confined. 13 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Article III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) Its duration. (2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance. (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom. (4) Delivery and retaking of inmates. (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states. (b) Prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract herewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that moneys are legally available therefor, pay to the receiving state a reasonable sum as consideration for such enlargement of capacity, or provision, of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or installments as provided in the contract. (c) The terms and provisions of this Compact shall be a part of any contract entered into by the authority of, or pursuant thereto, and nothing in any such contract shall be inconsistent therewith. 14 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Article IV Procedures and Rights (a) Whenever the duly constituted judicial or administrative authorities in a state party to this Compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the Territory of another party state is necessary in order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the Territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this Compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution. (c) Inmates confined in an institution pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III. (d) Each receiving state shall provide regular reports to each sending state on the inmates of the sending state in institutions pursuant to this Com pact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have the benefit of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state. (e) All inmates who may be confined in an institution pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive 15 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate confined pursuant to this Compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any all proceedings had pursuant to the provisions of this Subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this Subdivision shall be borne by the sending state. (g) An inmate confined pursuant to this Compact shall be released within the Territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its Territory. (h) Any inmate confined pursuant to the terms of this Compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if confined in any appropriate institution of the sending state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this Compact. Article V Acts Not Reviewable in Receiving State; Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this Compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the 16 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is suspected of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this Compact through any and all states party to this Compact without interference. (b) An inmate who escapes from an institution in which he is confined pursuant to this Compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escape. Article VI Federal Aid Any state party to this Compact may accept Federal aid for use in connection with any institution or program, the use of which is or may be affected by this Compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this Compact may participate in any such Federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor. Article VII Entry Into Force This Compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nebraska, Nevada, New Mexico, Oregon, Utah, Washington and Wyoming. For the purposes of this Article, Alaska and Hawaii shall be deemed contiguous to each other; to any and all of the states of California, Oregon and Washington, and to Guam. Thereafter, this Compact shall enter into force and become 17 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS effective and binding as to any other of said states, or any other state contiguous to at least one party state upon similar action by such state. Guam may become party to this Compact by taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to such joinder. For the purposes of this Article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington. Article VIII Withdrawal and Termination This Compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the Compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its Territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this Compact. Article IX Other Arrangements Unaffected Nothing contained in this Compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state of the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements. Article X Construction and Severability The preceding shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the 18 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. § 90.54. Director, Department of Corrections May Commit Prisoner Outside of Guam Pursuant to Terms of Compact. The Director of Corrections may commit or transfer any inmate of a penal institution under his responsibility to any institution without Guam if Guam has entered into a contract or contracts for the confinement of inmates in such institution pursuant to Article III of the Compact. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.56. All Agencies of Government of Guam Shall Enforce Compact. The courts, departments, agencies and officers of Guam shall enforce this Compact and shall do all things appropriate to the effectuation of its purposes and intent which may be within their respective jurisdictions including but not limited to the making and submission of such reports as are required by the Compact. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.58. Director, Department of Corrections May Hold Hearings as Required by Compact. The Director of Corrections is hereby authorized and directed to hold such hearings as may be requested by any party state pursuant to Article IV(f) of the Compact. § 90.60. Governor May Contract to Implement Compact. The Governor is hereby empowered to enter into such contracts as may be appropriate to implement the participation of the territory of Guam in the Compact pursuant to Article III thereof. § 90.62. Guam to Provide Transportation to Guam Resident Ending Sentence Out-of-Guam. Where the inmate of an institution within Guam is committed or transferred to any institution outside Guam pursuant to § 90.54, and if such inmate is discharged in the receiving state by agreement pursuant to Article IV(g) of the Compact, where such inmate is a permanent resident 19 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS of Guam the return transportation of such inmate to Guam shall be furnished by Guam. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.64. Severability. The provisions of this Article shall be severable and if any phrase, clause, sentence, or provision of the Article is declared to be invalid or the applicability thereof to any state, agency, person or circumstances is held invalid, the validity of this Article and the applicability thereof to any other state, agency, person or circumstance shall with respect to all severable matters, not be affected thereby. It is the legislative intent that the provisions of this Article be reasonably and liberally construed. § 90.66. Effective Date. This Article shall become effective upon the enactment of consent legislation by the United States Congress in accordance with Article VII of the Compact. ---------ARTICLE 3 INTERSTATE COMPACT ON JUVENILES § 90.80. § 90.82. § 90.84. Purpose of Article: Title. Governor to Execute Compact: Compact Stated. Chief Judge of Superior Court to be Compact Administrator: Duties. COMMENT: Article 3 restates verbatim §§ 8840 through 8842 of the Government Code, the Interstate Compact on Juveniles, coupled with its various amendments. The respective Sections of the Government Code have been repealed by Public Law 13-187 (Sept. 2, 1976). § 90.80. Purpose of Article: Title. The purpose of this Article is to enact enabling legislation for the Interstate Compact on Juveniles, hereinafter referred to as the Compact. This Article may be cited as the Interstate Compact on Juveniles Enabling Act. § 90.82. Governor to Execute Compact: Compact Stated. 20 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS The Governor of Guam is hereby authorized to execute and enter into a Compact on behalf of t Guam with any and all states, territories, Trust Territories and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico legally joined therein in a form substantially as follows: Article I Finding and Purposes That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare of others. The cooperation of the states party to this Compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of non-delinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this Compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this Compact to cooperate and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the foregoing purposes. Article II Existing Rights and Remedies That all remedies and procedures provided by this Compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities. Article III Definitions That, for the purposes of this Compact: 21 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (a) delinquent juvenile means any juvenile who has been adjudged delinquent and who, at the time the provisions of this Compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; (b) Probation or parole means any kind of conditional release of juveniles authorized under the laws of the states party hereto; (c) Court means any court having jurisdiction over delinquent, neglected or dependent children. (d) State means any state, territory, and Trust Territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and (e) Residence or any variant thereof means a place at which a home a regular place of abode is maintained. Article IV Return of Runaways (a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate; and shall be accompanied by two (2) certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardian ship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with the petition. The judge of the court to which this application is made shall hold a hearing thereon to determine whether for the purposes of this Compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the 22 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS juvenile to compel his return to the state. If the judge determines, after a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent or a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One (1) copy of the requisition shall be filed with the Compact Administrator of the demanding state, there to remain on file subject to the provision of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue and order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who shall appoint counsel or guardian and litem for him. If the judge of such court shall find that the requisition is in order he shall deliver such juvenile over the officer whom the court demanding him shall have appointed to receive him. The judge, however may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. Upon reasonable information that a person is a juvenile who has run away from another state party to this Compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who shall appoint counsel or guardian ad litem for such juvenile and who shall determine 23 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety (90) days as will enable his return to another state party to this Compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state; or if he is suspended of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this Compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this Compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the law of that state. (b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation cost of such return. (c) That juvenile as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor. Article V Return of Escapes and Absconders (a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by the affidavit, shall be executed in duplicate, and shall be 24 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS accompanied by two (2) certified copies of judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One (1) copy of the requisition shall be filed with the Compact Administrator of the demanding state, there to remain on file subject to provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. The delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who shall appoint counsel or guardian and litem for him. If the judge of such court shall find that the requisition is in order he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding. Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this Compact, such person may be taken into custody in any other state party to his Compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety (90) days, at will enable his detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is 25 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this Compact, upon the establishment of their authority and identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this Compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state. (b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation cost of such return. Article VI Voluntary Return Procedure That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this Compact, and any juvenile who has run away from any state party to this Compact, who is taken into custody without requisition in another state party to this Compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem shall inform the juvenile or delinquent juvenile of his rights under this Compact. When the consent has been duly executed, it shall be forwarded to and filed with the Compact Administrator of the state to which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return; and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return 26 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the Compact Administrator of the state to which said juvenile or delinquent juvenile is ordered to return. Article VII Cooperative Supervision of Probationers and Parolees (a) That the duly constituted judicial and administrative authorities of a state party to this Compact (herein called 'sending state') may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this Compact (herein called 'receiving state') while on probation or parole and the receiving state shall accept such delinquent juvenile if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigation as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value and assist the receiving state in supervising a probationer or parolee under this Compact. A receiving state, in it discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly. (b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole. (c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive 27 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS upon and not reviewable within the receiving state, but, if at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this Compact, without interference. (d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state. Article VIII Responsibility for Costs (a) That the provisions of Articles IV (b), V (b), and VII (d) of this Compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor. (b) That nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV (b), V (b) or VII (d) of this Compact. Article IX Detention Practices That, to every extent possible, it shall be the policy of states party to this Compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lock-up nor be detained or transported in association with criminal, vicious or dissolute persons. 28 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Article X Supplementary Agreements That the duly constituted administrative authorities of a state party to this Compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to this being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating state. Article XI Acceptance of Federal and Other Aids That any state party to this Compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this Compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants. 29 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Article XII Compact Administrators That the Chief Judge of the Superior Court of Guam shall be the Compact Administrator and who, acting jointly with like officers of other states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this Compact. Article XIII Execution of Compact That this Compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state. Article XIV Renunciation That this Compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this Compact shall be by the same authority which executed it, by sending six (6) months' notice in writing of its intention to withdraw from the Compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereto shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six (6) months' renunciation notice of the present Article. Article XV Severability That the provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the Compact shall remain in full force and effect as to the state affected as to all severable matters. 30 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Article XVI Out-of-State Confinement (a) This Article, known as the Out-of-State Confinement Amendment to the Interstate Compact on Juveniles, is hereby enacted into law and entered into by this Territory with all other states legally joining therein the form substantially as follows: (1) Whenever the duly constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, said officials may direct that the confinement or reconfinement be in an appropriate institution for delinquent juveniles within the Territory of the receiving state, such receiving state to act in that regard solely as agent for the sending state. (2) Escapees and absconders who could otherwise be returned pursuant to Article V of the Compact may be confined or reconfined in the receiving state pursuant to this Article. In any such case the information and allegations required to be made and furnished in a requisition pursuant to such Article shall be made and furnished, but in place of the demand pursuant to Article V, the sending state shall request confinement or reconfinement in the receiving state. Whenever applicable, detention orders as provided in Article V may be employed pursuant to this Paragraph preliminary to disposition of the escapee or absconder. (3) The confinement or reconfinement of a parolee, probationer, escapee, or absconder pursuant to this Article shall require the concurrence of the appropriate judicial or administrative authorities of the receiving state. (4) As used in this Article: (1) sending state means sending state as the term is used in Article VII of the Compact or the state from which a delinquent juvenile has escaped or absconded within the meaning of Article V of the Compact; (2) receiving state means any state, other than the sending state, in which a parolee, probationer, escapee, or absconder may be found, provided that said state is a party to this Article. (5) Every state which adopts this Article shall designate at least one of its institutions for delinquent juveniles as a Compact Institution and shall confine persons therein as provided in 31 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS Paragraph (a) hereof unless the sending and receiving state in question shall make specific contractual arrangement to the contrary. All states party to this Article shall have access to Compact Institutions at all reasonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's delinquents as may be confined in the institution. (6) Persons confined in ACompact Institutions@ pursuant to the terms of this Compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed from said ACompact Institution@ for transfer to an appropriate institution within the sending state, for return to probation or parole, for discharge, or for any purpose permitted by the laws of the sending state. (7) All persons who may be confined in a “ACompact Institution”@ pursuant to the provisions of this Article shall be treated in a reasonable and humane manner. The fact of confinement or reconfinement in a receiving state shall not deprive any person so confined or reconfined of any rights which said person would have had if confined or reconfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this Article be construed as a waiver of any rights which the delinquent would have had if he had been confined or reconfined in any appropriate institution of the sending state except that the hearing or hearings, if any, to which a parolee, probationer, escapee or absconder may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropriate judicial or administrative officers of the receiving state. In this event, said judicial and administrative officers shall act as agents of the sending state after consultation with appropriate officers of the sending state. (8) Any receiving state incurring costs or other expenses under this amendment shall be reimbursed in the amount of such costs or other expenses by the sending state unless the states concerned shall specifically otherwise agree. Any two or more states party to this Compact may enter into supplementary agreements determining a different allocation of costs as among themselves. 32 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (A) Rules and regulations necessary to effectuate the terms of this Article may be promulgated by the appropriate officers of those states which have enacted this Article. (B) In addition to any institution in which the authorities of this Territory may otherwise confine or order the confinement of a delinquent juvenile, such authorities may, pursuant to this Article, confine or order the confinement of a delinquent juvenile in a Compact Institution within another party state. 2012 NOTE: In maintaining the general codification scheme of the GCA the Compiler changed the hierarchy of subsections beginning with “Numbers” to “Lowercase Letters,” subsections beginning with “Lowercase Letters” to “Numbers,” and subsections beginning with “Numbers” to “Uppercase Letters” in this article. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. § 90.84. Chief Judge of Superior Court to be Compact Administrator: Duties. Pursuant to the Compact the Presiding Judge of the Superior Court shall be the Compact Administrator and shall promulgate rules and regulations to carry out the terms of the Compact. The Compact Administrator may enter into agreements with appropriate officials of other states or territories pursuant to the Compact. The Compact Administrator shall cooperate with all departments, agencies and officers of and in the government of Guam in facilitating the proper administration of the Compact or of any agreements entered into by Guam thereunder. 2017 NOTE: References to “territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420. ---------ARTICLE 4 PRISON INDUSTRIES § 90.90. Prison Industries, Established. § 90.91. Prison Industries Revolving Fund. § 90.90. Prison Industries. 33 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (a) Prison Industries, Established. The Department of Corrections is hereby authorized to establish such prison industries as may be feasible to provide a means for inmates and detainees to receive job training and skills development; to provide opportunities for the earning of wages to be used to pay restitution to victims of crime, and payment of fines and court costs; and to provide additional means for funding certain recurring expenses of the Department. The Department shall separate and designate each prison industry to be established as occurring “within the secured perimeter” or occurring “outside the secured perimeter.” This Act is not meant to replace the activities authorized by Chapter 84 of Article 1, Title 9, Guam Code Annotated, but shall be viewed as authorizing additional activities. This Chapter shall not supersede, nor affect any programs undertaken pursuant to Chapter 81 of this Title. (b) Role of Corrections Advisory Council. The Corrections Advisory Council shall advise the Department on the suitability of any industry to be established, and may assist the Department in other matters relative to the establishment, operation, and maintenance of a chosen industry. (c) Earnings Formula, established. Inmates shall be paid at no less than local prevailing wage rates as determined by the Director of Labor. Each inmate participating in a prison industry shall have all wages earned subject to this Earnings Formula: (1) Twenty-five percent (25%) to the Criminal Injuries Compensation Fund. (2) Twenty-five percent (25%) to payment of court-ordered fines, fees, and restitution. When such court-ordered fines, fees, and restitution have been satisfied, this percentage shall be applied to the Inmate’s Account. (3) Twenty-five percent (25%) to the Prison Industries Revolving Fund. (4) Twenty-five percent (25%) to the Inmate’s Account. Each participating inmate may elect to provide up to one hundred percent (100%) of the twenty-five percent (25%) for child and spousal support. (5) In the event that the participating inmate does not owe any sum listed above, one hundred percent (100%) of earned wages shall be placed in the Inmate’s Account. 34 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (d) Eligibility to Participate. The Department shall establish criteria for determining an inmate’s eligibility for participation in an established prison industry. All inmates shall be eligible for participation in an established prison industry consistent with eligibility requirements for other in-house prison rehabilitation programs unless otherwise ordered by a Court. (e) In-kind Contributions and/or Credit for Services Allowed. The Department is authorized to enter into agreements with other government of Guam entities to receive in-kind contributions and/or a credit for services rendered in lieu of cash payments. (f) Authority to Bid Granted. Notwithstanding the provisions of § 84.10(c) of Chapter 84, Article 1 of Title 9, Guam Code Annotated, the Department may submit its bid for the provision of services to a nongovernment entity, provided, that it includes as a component of its bid the costs for housing, utilities, food, supplies and any other item that would normally be considered as part of the overhead costs. SOURCE: Added by P.L. 29-094:2-3 (July 22, 2008). Subsection (a) amended P.L. 33-042:1 (June 10, 2015). Subsection (c) amended by P.L. 33-225:1 (Jan. 9, 2017. § 90.91. Prison Industries Revolving Fund. (a) There is hereby created, within the Department of Corrections, a revolving fund called the “Prison Industries Revolving Fund” (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (b) All funds collected from § 90.90(c) shall be deposited into said Fund. (1) Funds in the Prison Industries Revolving Fund may be used to purchase clothing for prisoners and detainees, foodstuffs for the dining facility, galley catering services and equipment, medical/dental supplies, prescription and over-the-counter medicines, sanitary/hygiene supplies and other pharmaceutical supplies for prisoners and detainees, including, payment for prisoner-detainee maintenance costs in any off-island prison or medical institutions, payment for overtime and related personnel costs for personnel specifically assigned to tasks involving Prison Industries, and for training of Department of Corrections personnel. 35 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS (2) Expenditures from the Fund shall be approved by the Director of Corrections and posted on the Department’s website. (3) A complete and accurate accounting of all money deposited into and withdrawn from such Fund shall be maintained by the Director of Administration. (4) Such accounting shall include and clearly identify the sources and amounts of all funds paid into or withdrawn from said Fund. (c) The Prison Industries Revolving Fund shall be maintained separate and apart from all other funds of the government of Guam. (d) The Fund shall be subject to an annual audit, and its findings shall be posted on the department’s website. SOURCE: Added by P.L. 29-094:2-3 (July 22, 2008). Subsection (b)(1) amended P.L. 33-042:1 (June 10, 2015). 2017 NOTE: P.L. 33-225:2 (Jan. 9, 2017) authorized the Director of Corrections to form a non profit organization to administer the prison industry program. The board of directors of this non profit organization shall have the fiduciary responsibility to maintain the goals and objectives of the program. ---------ARTICLE 5 TRANSFER PURSUANT TO TREATY § 90.100. [Untitled Section]. § 90.100. [Untitled Section]. When a treaty is in effect between the United States and a foreign country that provides for the transfer of convicted offenders who are citizens or nationals of the foreign country, upon the recommendation of the Attorney General of Guam, I Maga’lahen Guåhan (the Governor of Guam) or the Director of the Department of Corrections, if designated by I Maga’lahi (the Governor), on behalf of the island and subject to the terms of the treaty; may consent to the transfer of the convicted offenders who are under the jurisdiction of the Department of Corrections to the place or jurisdiction specified in the treaty. I Maga’lahen Guåhan (the Governor) may take any other action necessary to initiate the participation of this territory in the treaty. 36 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS SOURCE: Added by P.L. 31-233:XII:32 (Sept. 7, 2012) as § 95.10. Renumbered by Compiler to harmoniously fit in this chapter. ---------Effective Date of Title 9 2014 NOTE: Public Law 13-185, which enacted Title 9, GCA, include sections 2 and 3 which are reproduced in their entirety below: Section 2. This Code shall become operative on January 1, 1978. Except as otherwise provided in this Section, this Code does not apply to offenses committed prior to its effective date and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this Code were not in force. For the purposes of this Section, an offense was committed after the operative date of the Code if any of the elements of the offense occurred subsequent thereto. In any case pending on or after the operative date of this Code, involving an offense committed prior to such date, procedural provisions of this Code shall govern insofar as they are justly applicable and their application does not introduce confusion or delay. Provisions of this Code governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to the operative date of this Code, except that the minimum or maximum period of their detention shall in no case be increased. Section 3. This Act shall become operative only if Bills Nos. 662 and 663 are Chaptered and become operative January 1, 1978, and, in such case shall become operative at the same time as Bill Nos. 662 and 663. Past print publications of the GCA included the following annotations from the Compiler of Laws: COMMENT: The effective date of this Code, the Criminal Procedure Code and P.L. 13-187 was postponed until January 1, 1978 by P.L. 14-052 (July 14, 1977). COURT DECISIONS: D.C.GUAM:APP.DIV. 1983 Dismissal of an indictment for conspiracy, wherein the acts alleged covered the periods in which the old Penal Code was in effect and the present Criminal and Correctional Code (9 GCA) was in effect should not be dismissed, but it should be left up to proof at trial to determine if, in fact, a crime was committed during the operative period of 9 GCA. If the fact show that no act was committed during the period of 9 GCA (following January 1978), then acquittal will be in order. However, the indictment charges such facts and, therefore, the indictment should stand. People v. Manibusan, D.C. Case #81053A. 37 COL4122017 9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS ---------- 38 COL4122017

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2019 Guam StatutesTitle 9 - Crimes & CorrectionsChapter 90 - Corrections

2019 Guam Statutes
Title 9 - Crimes & Corrections
Chapter 90 - Corrections