GCA Title 9, Chapter 90
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CHAPTER 90 CORRECTIONS
Article 1. Department of Corrections. Article 2. Western Interstate Corrections Compact. Article 3. Interstate Compact on Juveniles. Article 4. Prison Industries. Article 5. Transfer Pursuant to Treaty.
- Article 6. Civilian Corrections Reserve Program.
- Article 7. The Department of Corrections Modernization Act of 2021.
ARTICLE 1
DEPARTMENT OF CORRECTIONS
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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 The appropriate sections of the Government Code have been repealed by P.L. 13-187.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 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 :
- be a resident of Guam and a U.S. citizen;
- be of good health and good moral character;
- 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
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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;
- submit to psychological testing; and
- 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. (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.
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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.
§ 90.16.1. Annual Corrections Officer Recruits Training Cycle.
(a) The Department of Corrections shall conduct a corrections officer recruits training cycle for at least twenty (20) candidates per fiscal year. (b) Each year, the Director of the Department of Corrections shall determine the total cost to conduct a recruitment and training cycle pursuant to the requirements set forth in Subsection (a) of this Section and he/she shall transmit this as part of the Department’s proposed budget to I Maga’hagan Guahan for inclusion in the Executive Budget request that I Maga’hagan Guahan submits annually to I Liheslaturan Guahan . (c) The Director of the Department of Corrections shall submit a report to I Maga’hagan Guahan and the Speaker of I Liheslaturan Guahan no later than June 30 of each year to present an update on the corrections officer recruits training cycle conducted during that fiscal year pursuant to the requirements set forth in this Section. SOURCE: Added as § 90.50 by P.L. 36-054:XII:42 (Sept. 11, 2021), renumbered by the Compiler pursuant to the authority of 1 GCA § 1606. 2021 NOTE: P.L. 36-054:XII:42 (Sept. 11, 2021) added this provision originally numbered as § 90.50; however, there was an existing § 90.50 in Article 2 of Chapter 90, under the Western Interstate Corrections Compact. To avoid confusion, the new provision was renumbered to § 90.16.1.
§ 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
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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 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
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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. (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.
§ 90.41. Inmate Commissary.
Notwithstanding any other provision of law, the Department of Corrections (DOC) is authorized to operate or outsource the operation of an inmate commissary within the confines of DOC. This Section shall exempt DOC from the provisions of 21 GCA § 60112 in order to provide DOC the authority to lease property to an approved vendor to operate the commissary facility without first seeking legislative approval. SOURCE: Added by P.L. 35-063:1 ( Feb. 11, 2020).
§ 90.42. Operation of Inmate Commissary.
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(a) The Director of DOC may operate, or contract with another person or entity to operate, a commissary for the use of the inmates confined at DOC. (b) In accordance with 5 GCA Chapter 5 (Guam Procurement Law), the Department of Corrections is authorized to enter into a contract for the lease of up to three hundred (300) square feet of its property for an inmate commissary. Procurement of said contract shall be done by a DOC staff member who is qualified under 5 GCA § 5141. (c) Funds directed as a result of revenue received from the contract under Subsection (b) of this Section shall be subject to an annual audit by the Office of Public Accountability. (d) When entering into a contract under Subsection (a) of this Section, the Director or the Director’s designee shall consider the following: (1) whether the contract should provide for a fixed rate of return combined with a sales growth incentive; (2) the menu items offered by the provider and the price of those items; (3) the value, as measured by a best value standard, and benefits to inmates and the commissary, as offered by the provider; (4) safety and security procedures to be performed by the provider; and (5) the performance record of the provider, including service availability, reliability, and efficiency. (e) The Department of Corrections shall establish policy and procedures for the administration of this Section. Such policy and procedures shall be transmitted to I Liheslaturan Guåhan prior to operation of the inmate commissary. (f) The Department of Corrections shall establish rules and regulations for the administration of this Section prior to operation of the inmate commissary. SOURCE: Added by P.L. 35-063:2 ( Feb. 11, 2020).
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§ 90.43. Corrections Commissary Fund.
(a) There is hereby established a Fund to be known as the Corrections Commissary Fund (CCF), which shall be maintained separate and apart from other funds of the government of Guam. All funds collected by the government of Guam from the operations of a commissary shall be deposited in the CCF; and, interest and investment earnings shall be credited to the assets of the CCF and shall become part of the CCF. Any remaining balance in the CCF at the end of the fiscal year shall be carried over to the next fiscal year. (b) Inmate Improvement. The Director may use up to fifty percent (50%) of the net proceeds of the CCF to develop or enhance inmate welfare; and the other fifty percent (50%) shall be used for rehabilitation programs within the Department of Corrections. SOURCE: Added by P.L. 35-063:3 ( Feb. 11, 2020).
§ 90.44. Inmate Phone Access Act of 2021.
(a) There is hereby created, within the Department of Corrections, a revolving fund called the ‘Inmate Phone Access Fund’ (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (1) Notwithstanding any other provision of law, any revenue that is collected by the Government of Guam for telephone services within the Guam Department of Corrections shall be deposited into said Fund. (2) Any revenue that is deposited into said Fund is to be used to provide no-cost telephonic services for indigent inmates or indigent detainees to contact their legal counsel. (3) Should revenues deposited into this Fund not be adequate to provide no-cost telephonic services for indigent inmates to contact their legal counsel, the Director of the Department of Corrections and I Magaʹhågan Guåhan shall ensure that any indigent inmate or indigent detainee be provided with their constitutional right to consult legal counsel through no-cost telephonic service by any means that the Director or I Maga’hågan Guåhan sees fit.
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(4) For the purposes of this Section, ‘indigent inm