9 GCA CRIMES AND CORRECTIONS CH. 58 ESCAPE AND RELATED OFFENSES 1 CHAPTER 58 ESCAPE AND RELATED OFFENSES § 58.10. General Definitions. § 58.20. Felony Escape; Defined & Punished. § 58.25. Same: Punished. § 58.30. Ordinary Escape. § 58.40. Assisting in Escape by Public Servant; Def ined & Punished. § 58.50. Providing Escape Implements; Defined & Pun ished. § 58.60. Promoting Prison Contraband. § 58.10. General Definitions. As used in this Chapter: (a) Custody means restraint by any public officer or employee pursuant to an order of a court other than an arres t warrant or restraint by a peace officer or other person concerned in det ention: (1) pursuant to an arrest, with or without an arres t warrant, during or subsequent to the official booking of the person arrested; or (2) in a detention facility. (b) Detention Facility means: (1) any place used for confinement, pursuant to an order of a court, of: (A) persons charged with or convicted of an offense ; (B) persons against whom judicial proceedings leadi ng to involuntary confinement have begun, are pending or have been concluded; or (C) persons against whom extradition orders are sou ght or have been obtained. against whom judicial proceedings leadi ng to involuntary confinement have begun, are pending or have been concluded; or (C) persons against whom extradition orders are sou ght or have been obtained. (2) any place to which a person ordered to be confi ned to a detention facility pursuant to Paragraph (1) has be en or is being lawfully taken for purposes of labor, court appeara nce, recreation, medical or hospital care, transit or similar purpos e. COL12420159 GCA CRIMES AND CORRECTIONS CH. 58 ESCAPE AND RELATED OFFENSES 2 (c) Notwithstanding Subsections (a) and (b), neithe r custody nor detention facility includes release on parole, probation or other correctional supervision, or constraint incident to release, with bail or on one's own recognizance, by court order or by oth er lawful authority upon condition of subsequent personal appearance at a designated time and place. (d) Escape Implement means any article or thing which is capable of such use as may endanger the security of a deten tion facility or facilitate the escape of any person confined therei n. (e) Dangerous Instrument means any firearm, or other weapon, device, instrument, material, or substance, whether animate or ten tion facility or facilitate the escape of any person confined therei n. (e) Dangerous Instrument means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate, which in a manner it is used or intended to be used is known to be capable of producing death or serious bodily injury. (f) Controlled Substance means as it is defined in § 67.12(d) of this Code. SOURCE: M.P.C. § 242.6(1); *Cal. § 1000(13) - (16) (T.D.3 1969); Cal. §§ 220, 236 (1971); Mass. ch. 268, § 13(d); N.J. § 2C:29-5( a). Subsections (e) and (f) added by P.L. 14-146, eff. 09/30/78. CROSS-REFERENCES: The definition of escape implements contained in 9 GCA § 58.10(d) is not so vague as to render an indictme nt regarding the provision of 'escape implements' by the defendant void. People v. Joseph Tenorio, et al. , Civil No. 114F-79, Superior Court of Guam, December 14, 1979 § 58.20. Felony Escape; Defined & Punished. A person is guilty of a felony of third degree if h e: (a) escapes from within a detention facility where he is in custody upon a felony charge or conviction; or (b) escapes from custody with the use or threat of use of force or violence upon another person escapes from within a detention facility where he is in custody upon a felony charge or conviction; or (b) escapes from custody with the use or threat of use of force or violence upon another person or by any means creati ng a substantial risk of physical injury to another person. SOURCE: G.P.C. §§ 101, 105, 109; M.P.C. § 242.6; Cal. § 13 00 (T.D.3 1969); Cal. §§ 1190, 1191 (1971); Mass. ch. 268, § 13; N.J. § 2 C:29-5. CROSS-REFERENCES: § 4.60 - Complicity, see §§ 58.40 and 58.50. COMMENT: No definition of Aescape @ is provided in this Chapter. This should cause no problems because the Code does not differe ntiate in penalty between attempt and substantive offenses. COL12420159 GCA CRIMES AND CORRECTIONS CH. 58 ESCAPE AND RELATED OFFENSES 3 § 58.25. Same: Punished. A person who is guilty of an offense pursuant to § 58.20 of this Code shall be sentenced to a term of two (2) years but n ot more than five (5) years of imprisonment and a person who is guilty of an of fense pursuant to § 58.40 of this Code shall be sentenced to a term of five ( 5) years of imprisonment. Imposition or execution of such sentences shall not be suspended and probation, parole or work release shall not be 58.40 of this Code shall be sentenced to a term of five ( 5) years of imprisonment. Imposition or execution of such sentences shall not be suspended and probation, parole or work release shall not be gran ted. The sentence imposed under this Section shall run consecutive to any sen tence already imposed on the offender for any other offense at the time he i s sentenced under this Section. SOURCE: Added by P.L. 15-59:6, eff. 08/31/79 § 58.30. Ordinary Escape. A person is guilty of a misdemeanor if he escapes f rom custody. SOURCE: G.P.C. § 105; M.P.C. § 242.6; Cal. § 1301 (T.D.3 1 969); Cal. §§ 1190, 1191 (1971); Mass. ch. 268, § 13; N.J. § 2C:29-5. CROSS-REFERENCES: §§ 80.66 and 80.68 -Probation Violation §§ 80.82-8 0.86 - Parole Violations § 165.90 Code of Cr. Proc. - Fail ure to appear § 58.10(a), (c). § 58.40. Assisting in Escape by Public Servant; Def ined & Punished. A public servant concerned in detention is guilty o f a felony of the third degree if he knowingly assists an escape. COMMENT: G.P.C. § 108; See M.P.C. § 242.6(4)(c); *Cal. § 13 02 (T.D.3 1969); Mass. ch. 268, § 14(a)(2); See N.J. § 2C:29-5(b)(c) . CROSS-REFERENCES: § 4.60 - Complicity. § 58.50. y assists an escape. COMMENT: G.P.C. § 108; See M.P.C. § 242.6(4)(c); *Cal. § 13 02 (T.D.3 1969); Mass. ch. 268, § 14(a)(2); See N.J. § 2C:29-5(b)(c) . CROSS-REFERENCES: § 4.60 - Complicity. § 58.50. Providing Escape Implements; Defined & Pun ished. (a) A person is guilty of providing escape implemen ts if he knowingly introduces any escape implement within a detention facility, with intent to cause or assist the escape of any person confined t herein. (b) A person confined within a detention facility i s guilty of providing escape implements if he knowingly makes, obtains or possesses any escape implement with intent to effect an escape of himsel f or any other person. (c) Providing escape implements is a felony of the third degree. SOURCE: G.P.C. §§ 109, 110, See also § 171; M.P.C. § 242.7 (1); *Cal. § 1303 (T.D.3 1969); Cal. § 1193 (1971); Mass. ch. 268, § 14(a)(1), (3) (b)(c); N.J. § 2C:29- 6(a). COL12420159 GCA CRIMES AND CORRECTIONS CH. 58 ESCAPE AND RELATED OFFENSES 4 CROSS-REFERENCES: § 4.60 - Complicity; § 13.10 - Attempt; § 58.10(d) - AEscape implement @ defined. COMMENT: In many situations, the acts prohibited by this Se ction could be sufficiently far back or CROSS-REFERENCES: § 4.60 - Complicity; § 13.10 - Attempt; § 58.10(d) - AEscape implement @ defined. COMMENT: In many situations, the acts prohibited by this Se ction could be sufficiently far back or ambiguous, to make the com plicity and attempt route difficult to prove. Accordingly, there is a sound basis for s pecial provision treating the introduction of escape implements into a prison as a crime. § 58.60. Promoting Prison Contraband. (a) As used in this Section: (1) Contraband means any article or item that a per son in custody who is confined in a correctional facility is prohi bited by statute, rule, or policy from obtaining or possessing, and is not defined as 'major contraband' in § 58.60(a)(2). (2) Major contraband means: (A) any controlled substance as defined by any prov ision of Guam law; (B) any firearm or dangerous weapon, including expl osives or combustibles, or any plans or materials that may be used in the making or manufacturing of such weapons, explosives or devices; (C) any telecommunication or digital equipment proh ibited by statute, rule, or policy that provides communica tion, either in written or verbal messages, or through the transmis sion of or devices; (C) any telecommunication or digital equipment proh ibited by statute, rule, or policy that provides communica tion, either in written or verbal messages, or through the transmis sion of electronic data via the internet. Excluded from thi s definition is any device having communication capabilities that h as been approved by the facility head for investigative or institutional security purposes, or for conducting other official business; and (D) any object or instrument intended or reasonably likely to be used in the planning or aiding in an escape or a ttempted escape from a correctional facility. (b) No person, including a person in custody as def ined by this Chapter, excep t as authorized by law or with permission of the fac ility head, shall knowingly: (1) introduce, or attempt to introduce, contraband into a detention facility or the grounds of a detention facility; or COL12420159 GCA CRIMES AND CORRECTIONS CH. 58 ESCAPE AND RELATED OFFENSES 5 (2) convey, or attempt to convey, contraband to a p risoner confined in a detention facility; or (3) possess, or attempt to possess, contraband with in a detention facility; or (4) receive, obtain, or remove, or attempt to to convey, contraband to a p risoner confined in a detention facility; or (3) possess, or attempt to possess, contraband with in a detention facility; or (4) receive, obtain, or remove, or attempt to recei ve, obtain, or remove, contraband from a detention facility. Any person, including a person in custody, who viol ates any provision of this Subsection (b) shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a sentence of imprison ment for a period of no less than thirty (30) days, or by a fine of no less than Five Hundred Dollars ($500.00), or by both such minimum sentence of impr isonment and fine. (c) No person, including a person in custody as def ined by this Chapter, except as authorized by law or with permis sion of the facility head, shall knowingly: (1) introduce, or attempt to introduce, major contr aband into a correctional facility or the grounds of a detention facility; or (2) convey, or attempt to convey, major contraband to a prisoner confined in a detention facility; or (3) possess, or attempt to possess, major contraban d within a detention facility; or (4) receive, obtain, or remove, or attempt to recei ve, obtain, or remove, major ined in a detention facility; or (3) possess, or attempt to possess, major contraban d within a detention facility; or (4) receive, obtain, or remove, or attempt to recei ve, obtain, or remove, major contraband from a detention facility. Any person, including a person in custody, who viol ates any provision of this Subsection (c) shall be guilty of a felony in the second degree, and upon conviction shall be punished by a sentence of imprisonment for a period of no less than three (3) years, or by a fine of no less than Five Thousand Dollars ($5,000), or by both such minimum sentence of imprisonment and fine. SOURCE: Added as § 58.60 of the Criminal and Correctional Code by P.L. 14- 146:2 (Sept. 29, 1978). Repealed and reenacted by P.L. 33-008:3 (Apr. 1, 2015). ---------- COL1242015
Guam Legal Code