9 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 1 CHAPTER 85 GUAM PAROLE BOARD § 85.10. Guam Parole Board Created. § 85.14. Chairman Appointed: Meetings at Least Mont hly. § 85.18. Term Established. § 85.22. No Compensation; Expenses Allowed. § 85.26. Board: General Powers. § 85.30. Subpoena Power Given. § 85.34. Seal. § 85.38. Records to be Kept; Report to Governor Req uired. § 85.50. Probation Officers to Serve as Parole Offi cers. [Repealed] § 85.54. Duties of Parole Officers. § 85.58. Governor to Provide Executive Secretary & Support. § 85.61. Adherence to Crime Victim’s Rights Act of 2004. § 85.62. Board's Information Privileged. § 85.68. Board May Accept Aid from United States. § 85.72. Paroled Prisoner to Receive Clothes, Trans portation and Maximum of $25. 2016 NOTE: References to the 'Territorial Parole Board' change d to 'Guam Parole Board' pursuant to 1 GCA § 420 (added by P.L . 24-089 (Oct. 7, 1997). COMMENT: Chapter 85, Territorial [Guam] Parole Board, trans fers from the Government Code Chapter 1 of Title XXXV creating th e Territorial [Guam] Parole Board and Chapter 4 dealing with the employe es of the Parole Board and Section 39107 relative to subpoenas. s from the Government Code Chapter 1 of Title XXXV creating th e Territorial [Guam] Parole Board and Chapter 4 dealing with the employe es of the Parole Board and Section 39107 relative to subpoenas. All these have been done without change and the respective Sections of the Government Code have been repealed by Public Law 13-187. The authority of the Board, and the conditions of parole are treated by Chapter 80 of this Code. § 85.10. Guam Parole Board Created. (a) There is in the Executive Branch of the governm ent of Guam, a Guam Parole Board, hereinafter referred to as the B oard, consisting of five (5) members appointed by I Magaʹlåhi [the Governor], by and with the advice and consent of I Liheslatura [the Legislature]. (1) Only persons, who by their knowledge and experi ence are prepared to perform efficiently the duties of the B oard as hereinafter provided, shall be eligible for such appointment. COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 2 (2) Any person holding an elected office shall not be eligible to serve on the Guam Parole Board. (3) No person who has a family member of the first consanguinity serving a local sentence, or on parole, shall be on holding an elected office shall not be eligible to serve on the Guam Parole Board. (3) No person who has a family member of the first consanguinity serving a local sentence, or on parole, shall be eligible to serve on the Board. (b) The composition of the Board members shall be comprised of the following, with the minimum background and experien ce: (1) at least one (1) Board member shall have at least five (5) years of experience in law enforcement or other cri minal justice work, or a baccalaureate degree in criminal justice from a college or university accredited by a United States accreditin g body recognized by the Council on Higher Education Accreditation (CHEA ) or its successor, or an equivalent foreign university as d etermined consistent with 17 GCA § 3104(a)(1), or professional experienc e in these areas of study; (2) at least one (1) Board member shall have at least a baccalaureate degree or higher in social work, soci ology or psychology, or a medical degree from a college or university ac credited by a United States accrediting body recognized by the Council o n Higher Education Accreditation (CHEA) or its successor, or an equiva lent foreign university as m a college or university ac credited by a United States accrediting body recognized by the Council o n Higher Education Accreditation (CHEA) or its successor, or an equiva lent foreign university as determined consistent with 17 GCA § 3 104(a)(1); (3) at least one (1) Board member shall have at least five (5) years of experience in human resources development, or legal background or professional experience in these area s of study; (4) at least two (2) Board members shall come from the public at- large; and (5) all Guam Parole Board members shall be of good moral character. SOURCE: Amended by P.L. 27-104:5 (June 30, 2004), P.L. 31 -003:2 (Mar. 8, 2011), P.L. 33-125:2 (Mar. 4, 2016), and P.L. 34-02 8:3 (July 13, 2017). 2017 NOTE: Subitem designations added in subsection (a) purs uant to authority granted by 1 GCA § 1606. 2016 NOTE: Subsection designations added and altered to adhere to the Compiler’s alpha-numeric scheme pursuant to the authority of 1 GCA § 1606. § 85.14. Chairman Appointed: Meetings at Least Mont hly. COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 3 The Board shall elect a chairperson from among its members. f 1 GCA § 1606. § 85.14. Chairman Appointed: Meetings at Least Mont hly. COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 3 The Board shall elect a chairperson from among its members. (a) The chairperson shall be elected by its members every two (2) years. (b) The Board shall meet regularly at least once a month. (c) Special meetings may be called by the chairpers on. (d) Not less than three (3) voting members present shall constitute a quorum for the transaction of business, and the a ffirmative vote of three (3) members present shall be required to make any action of the Board valid. (e) No action shall be taken by the Board at any meetings or hearings, unless a quorum is present. (f) The election for chairperson from among its mem bers shall follow upon enactment of this Act. SOURCE: Amended by P.L. 31-003:3 (Mar. 8, 2011) and P.L. 34-028:4 (July 13, 2017) 2017 NOTE: Subsection designations added pursuant to authori ty granted by 1 GCA § 1606. § 85.18. Term Established. The terms of office for the members shall be four ( 4) years, and until their successors are appointed and have qualified. d pursuant to authori ty granted by 1 GCA § 1606. § 85.18. Term Established. The terms of office for the members shall be four ( 4) years, and until their successors are appointed and have qualified. A vacancy occurring before expiration of the term of office shall be fi lled for the unexpired portion thereof. § 85.22. No Compensation; Expenses Allowed. Members of the Board shall receive no compensation for their service while on the Board; provided, however, that they sh all be reimbursed for reasonable travel and out-of-pocket expenses incurr ed in the performance of Board duties as certified by the Treasurer of Guam. § 85.26. Board: General Powers. (a) The Board is authorized to release on parole an y person confined in any penal or correctional institution of Guam, and to revoke par ole or discharge from parole any parolee as provided in Ar ticle 5 (commencing with § 80.70) of Chapter 80. The Board shall adopt such rules and procedures not inconsistent with law as it may deem proper or necessary to COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 4 carry out its duties, and shall be in accordance with the Open Government Law, except as herein provided. eem proper or necessary to COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 4 carry out its duties, and shall be in accordance with the Open Government Law, except as herein provided. (b) Such rules and procedures shall include, but not be limited to, the following: (1) rights and restrictions of an inmate during a p arole application or revocation hearing; (2) presence of legal counsel or a lay representati ve on behalf of an inmate during a hearing; (3) the right of an inmate to receive, in writing, a specific reason or reasons for denial of parole, to include deficienci es to be addressed in preparation for a future parole application; (4) rules for the recusal of a member due to a conf lict; (5) any other rules in furtherance of the mandates of the Board; (6) nothing herein shall prevent the Board from int erviewing victims in private. Nothing herein shall prevent the Board from excluding any persons that they determine may undul y influence a victim’s testimony; and (7) pursuant to rules and regulations established b y the Board, the Board may conduct deliberations in closed meetings and may vote by secret ballot on matters relative to the release on , mony; and (7) pursuant to rules and regulations established b y the Board, the Board may conduct deliberations in closed meetings and may vote by secret ballot on matters relative to the release on , revocation of, or discharge from parole, notwithstanding the provisio ns of the Open Government Law. SOURCE: Amended by P.L. 31-003:4 (Mar. 8, 2011), P.L. 31-1 93:2 (Feb. 27, 2012). 2016 NOTE: Subsection designations added and altered to adhere to the Compiler’s alpha-numeric scheme pursuant to the authority of 1 GCA § 1606. § 85.30. Subpoena Power Given. Upon approval of a majority of its members, the Boa rd shall have power to issue subpoenas requiring the attendance o f such witnesses and the production of such records, books, papers and docum ents as it may deem necessary for investigation of the case of any pers on before it. Subpoenas may be signed an oaths administered by any member o f the Board. Subpoenas so issued may be served by any police, pa role or probation officer, or other law enforcement officer, in the s ame manner as similar process in the Superior Court. Any person who testi fies falsely or fails to COL112820179 GCA CRIMES AND CORRECTIONS CH. tion officer, or other law enforcement officer, in the s ame manner as similar process in the Superior Court. Any person who testi fies falsely or fails to COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 5 appear when subpoenaed, or fails or refuses to prod uce such material pursuant to the subpoena, shall be subject to the s ame orders and penalties to which a person before a court is subject. The Super ior Court, upon application of the Board, may in its discretion com pel the attendance of witnesses, the production of such material and the giving of testimony before the Board, by an attachment for contempt or otherwi se, in the same manner as production of evidence may be compelled before s uch court. § 85.34. Seal. The Board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the Board shall be by majority vote. § 85.38. Records to be Kept; Report to Governor Req uired. The Board shall keep a record of its acts, and shal l notify each institution of its decisions relating to the person s who are or have been confined therein. At the close of each fiscal year the Board shall submit to the Governor a report with statistical ify each institution of its decisions relating to the person s who are or have been confined therein. At the close of each fiscal year the Board shall submit to the Governor a report with statistical and other da ta of its work. § 85.50. Probation Officers to Serve as Parole Offi cers. [Repealed] SOURCE: Repealed by P.L. 14-133, effective 07/03/78. § 85.54. Duties of Parole Officers. The parole officer shall: (a) be responsible for investigation, supervision a nd reports as may be requested by the Board; (b) formulate methods of supervision, record keepin g and reports; (c) furnish to each person released under his super vision a written statement of the conditions of parole and instruct such person as to the same; (d) keep informed of the conduct and condition of e ach person under his supervision and use all suitable methods to aid and encourage them and to bring about improvement in their conduc t and condition; (e) keep detailed records of his work. § 85.58. Governor to Provide Executive Secretary & Support. COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 6 The Governor shall appoint an Executive Secretary f or the Board and such other clerical and Provide Executive Secretary & Support. COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 6 The Governor shall appoint an Executive Secretary f or the Board and such other clerical and administrative personnel as are necessary to carry out the provisions of this Chapter. § 85.61. Adherence to Crime Victim’s Rights Act of 2004. Pursuant to 8 GCA Chapter 160, also known as the Cr ime Victim’s Rights Act of 2004, the Board and Parole Officers s hall adhere to all of their responsibilities and honor all of the rights afford ed to victims as outlined in the Chapter. SOURCE: Added by P.L. 34-028:5 (July 13, 2017). § 85.62. Board's Information Privileged. All information obtained in the discharge of offici al duty by any employee appointed pursuant to this Chapter shall b e privileged and shall not be disclosed directly or indirectly to anyone o ther than to the Board, or others entitled under this Code to receive such inf ormation, unless and until otherwise ordered by the Board. § 85.68. Board May Accept Aid from United States. The Board, with the written consent of the Governor , shall have the power and duty to accept from the United States of America or any of its Board. § 85.68. Board May Accept Aid from United States. The Board, with the written consent of the Governor , shall have the power and duty to accept from the United States of America or any of its agencies, such advisory services, funds, equipment and supplies as may be made available to Guam for any of the purposes cont emplated by this Chapter, and to enter into such contracts and agree ments with the United States or any of its agencies as may be necessary, proper and convenient, not contrary to the laws of Guam. 2016 NOTE: References to the 'Territory' changed to 'Guam' pur suant to 1 GCA § 420 (added by P.L. 24-089 (Oct. 7, 1997). § 85.72. Paroled Prisoner to Receive Clothes, Trans portation and Maximum of $25. When a prisoner is placed on parole, he shall recei ve from Guam civilian clothing and transportation to the place i n Guam in which he is to reside. At the discretion of the Board, the prisone r may be advanced such sum for his temporary maintenance as said Board may allow, not to exceed Twenty-Five Dollars ($25.00), from a fund which sha ll be provided for use of the Board for this purpose. may be advanced such sum for his temporary maintenance as said Board may allow, not to exceed Twenty-Five Dollars ($25.00), from a fund which sha ll be provided for use of the Board for this purpose. 2016 NOTE: References to the 'Territory' changed to 'Guam' pur suant to 1 GCA § 420 (added by P.L. 24-089 (Oct. 7, 1997). COL112820179 GCA CRIMES AND CORRECTIONS CH. 85 GUAM PAROLE BOARD 7 ---------- COL11282017
Guam Legal Code