GCA Title 9, Chapter 80
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.
§ 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 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 This Chapter as originally enacted appeared to allow such indefinite terms.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;
- to pay a fine or make restitution as authorized by law;
- to alternative community service or to self-improvement and rehabilitative programs;
- 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, 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: Criminal and Correctional Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). Repealed and reenacted by P.L. 14-143:9 (Sept. 29, 1978). Subsection (a)(3.5) added by P.L. 15-116:3 (Mar. 28, 1980); amended by P.L. 16051:2 (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
- an analysis of the circumstances attending the commission of the crime,
- the offender’s history of delinquency or criminality,
- physical and mental condition,
- family situation and background,
- social, economic and educational background,
- job experience and occupational skills and aptitude and personal habits, and
- any other matters that the probation officer deems relevant or the court directs to be included. (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.
- 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 Guam Behavioral Health and Wellness Center, 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. 2024 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, the reference in subsection (d)(1)(B) to ‘the department of mental health’ was replace0d with the Guam Behavioral Health and Wellness Center. 2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 GCA § 1606.
§ 80.14. Presentence Report: Use Regulated.
(a) [No text]
- The presentence report shall not be a public record.
- 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 or board for use in the treatment or 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 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 but shall be included as part of the permanent record and subject to disclosure to the Parole Board. (d) Any material disclosed to the offender or his counsel shall at the same time be disclosed to the attorney for the Government. (e) [No text] (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. SOURCE: Criminal and Correctional Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). Amended by P.L. 35-057:2 (Nov. 27, 2019). 2024 NOTE: The Compiler has added ‘no text’ to indicate a change in formatting only; the content of the provision has not been altered.
§ 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. (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. 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.
9 GCA CRIMES AND CORRECTIONS CH. 80 DISPOSITION OF OFFENDERS
§ 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. Duration of Imprisonment.
- § 80.31. Prison Terms for First Offenders.
- § 80.32. Extended Terms Allowed.
- § 80.34. Misdemeanor and Petty Misdemeanor Sentences.
- § 80.36. Same.
- § 80.37. Deadly Weapons Used in Felonies; Sentence.
- § 80.37.1. Felony Committed on Release. [Formerly § 80.37.5]
- § 80.37.2. Habitual Offenders.
- § 80.37.3. Vulnerable Victim Sentencing Enhancement. [Formerly § 80.37.6]
- § 80.38. Extended Terms for Felonies: When Allowed: Repeat Offenders.
- § 80.39. Title.
- § 80.39.1. Sentencing.
- § 80.39.2. Exceptions.
- § 80.39.3. Reporting.
- § 80.40. Extended Terms for Misdemeanor: When Allowed: Repeat or Multiple Offenders.
- § 80.42. Extended Term by Petition of Department of Corrections.
- § 80.44. Previous Convictions Defined.
- § 80.46. Credit for Prior Detention.
- § 80.48. Extension of Limits of Confinement: Failure to Adhere to Conditions Punished: Failure to Return is Escape.
- § 80.49. Extension of Limits of Confinement for Humanitarian Reasons.
- § 80.49.1 Nursing Mothers-Accommodations.
- § 80.50. 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;
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 three (3) years and not more than ten (10) years; and (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: Criminal and Correctional Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). 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 t