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9 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 1 CHAPTER 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT SOURCE: Chapter added by P.L. 23-060:1 (Dec. 5, 1995). § 88.10. Short Title. § 88.11. Legislative Declaration. § 88.20. Substance Abuse Assessment: Standardized P rocedure. § 88.30. Substance Abuse Assessment Required for Co nvicted Felons and Controlled Substance Offenders. § 88.35. Sentencing of Felons: Parole of Felons: Tr eatment and Testing Based Upon Assessment Required. § 88.40. Departments Develop Testing Programs: Puni tive Sanctions. § 88.50. Samples for Testing of Offenders. § 88.51. Drug Treatment and Enforcement Fund. § 88.60. Report to the Legislature. § 88.10. Short Title. This Act may be cited as the Criminal Justice Syste m Substance Abuse Act of 1995. § 88.11. Legislative Declaration. The Legislature hereby declares that substance abus e, specifically the abuse of alcohol and controlled substances, is a ma jor problem in the criminal justice system of the Territory of Guam an d in the entire Territory. Substance abuse is a significant factor in the comm ission of crimes and it is a significant factor in impeding the rehabilitation o f persons

m of the Territory of Guam an d in the entire Territory. Substance abuse is a significant factor in the comm ission of crimes and it is a significant factor in impeding the rehabilitation o f persons convicted of crimes which results in an increased rate of recidi vism. Therefore, the Legislature hereby resolves to curtail the disastro us effects of substance abuse in the criminal justice system and to improve and standardize substance abuse treatment for offenders at each sta ge of the criminal justice system and to provide punitive measures for offende rs who refuse to cooperate with and respond to substance abuse treat ment while such offenders are involved with the criminal justice sy stem. § 88.20. Substance Abuse Assessment: Standardized P rocedure. (a) The Superior Court of Guam, the Department of C orrections, the Territorial Parole Board, the Guam Police Departmen t, and the Guam COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 2 Behavioral Health and Wellness Center shall coopera te to develop and implement the following: (1) A standardized procedure for the assessment of the use of controlled substances by offenders, which procedure

l Health and Wellness Center shall coopera te to develop and implement the following: (1) A standardized procedure for the assessment of the use of controlled substances by offenders, which procedure shall include the administration of a chemical test of such offender for the presence of controlled substances or such other test of the off ender for the presence of controlled substances or alcohol as deemed appro priate by the agency which has supervision of the particular offe nder (hereinafter called the supervising agency). The assessment proc edure developed pursuant to this paragraph shall provide an evaluat ion of the extent of an offender's abuse of substances, if any, and reco mmend treatment which is appropriate to the needs of the particular offender. (2) A system of programs for education and treatmen t of abuse of substances which can be utilized by offenders who a re placed on probation, incarcerated with the Department of Corr ections, placed on parole, or placed in community corrections. The pro grams developed pursuant to this paragraph shall be as flexible as possible so that such programs may be utilized by each particular offende r to the extent appropriate to

munity corrections. The pro grams developed pursuant to this paragraph shall be as flexible as possible so that such programs may be utilized by each particular offende r to the extent appropriate to that offender. The programs develope d pursuant to this paragraph shall be structured in such manner that t he programs provide a continuum of education and treatment programs for each offender as he proceeds through the criminal justice system and may include, but shall not be limited to, attendance at self-help gr oups, group counseling, individual counseling, outpatient treat ment, inpatient treatment, day care, or treatment in a therapeutic community. Also, such programs shall be developed in such a manner t hat, to the extent possible, the programs may be accessed by all offen ders in the criminal justice system. Any programs developed pursuant to this paragraph shall include a system of periodic or random chemic al testing for the presence of controlled substances or alcohol, or su ch other testing as provided in paragraph (1) of this subsection (a). T he frequency of such testing shall be that which is appropriate to the p articular offender in accordance with the offender's

u ch other testing as provided in paragraph (1) of this subsection (a). T he frequency of such testing shall be that which is appropriate to the p articular offender in accordance with the offender's assessment performed pursuant to paragraph (1) of this subsection (a). (3) A system of punitive sanctions for offenders wh o test positive for the use of substances subsequent to the initial test and after being placed in an education or treatment program. The sa nctions developed COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 3 pursuant to this paragraph should allow for appropr iate responses by the criminal justice system to each occurrence of a positive test by an offender, each of which shall become a permanent pa rt of the offender's record. (b) The procedures for assessment, treatment, and s anctions required to be developed by subsection (a) of this section shal l be implemented only to the extent moneys are available in the Drug Treatme nt and Enforcement Fund, provided that, in all cases, persons referred or ordered to receive assessment, treatment, or sanctions shall do so at their own expense, unless they are indigent.

ug Treatme nt and Enforcement Fund, provided that, in all cases, persons referred or ordered to receive assessment, treatment, or sanctions shall do so at their own expense, unless they are indigent. (c) The Superior Court of Guam, the Department of C orrections, the Territorial Parole Board, the Guam Police Departmen t, and the Guam Behavioral Health and Wellness Center shall coopera te to develop a schedule of fees sufficient to cover the costs of a ssessment, testing, and treatment as required by this section. All persons referred or ordered to receive assessment, testing, or treatment shall be made to pay for such, in accordance with the fee schedule, except in such ca ses where the person is determined to be indigent. 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, and all refe rences to DMHSA were altered to to the Guam Behavioral Health and Wellness Center p ursuant to P.L. 32-024:4. § 88.30. Substance Abuse Assessment Required for Co nvicted Felons and Controlled Substance Offenders.

SA were altered to to the Guam Behavioral Health and Wellness Center p ursuant to P.L. 32-024:4. § 88.30. Substance Abuse Assessment Required for Co nvicted Felons and Controlled Substance Offenders. (a) Each person convicted of a felony committed on or after the effective date of this Act who is to be considered for probation, shall be required, as part of the presentence or probation i nvestigation, to submit to an assessment for the use of controlled substances or alcohol developed pursuant to § 88.20(a)(1). The Court shall order su ch person to comply with the recommendations of such assessment as a conditi on of probation, at the person's own expense, unless such person is indigen t. (b) Each person convicted of a misdemeanor involvin g the abuse of any substance, the abuse of which is considered illegal under Guam law, which was committed on or after the effective date of thi s Act shall be required to submit to an alcohol and drug evaluation. The Court shall order such person to comply with the recommendations of such evaluati on, at the person's own expense unless such person is indigent. If such per son is sentenced to COL3720149 GCA CRIMES AND CORRECTIONS CH.

ch person to comply with the recommendations of such evaluati on, at the person's own expense unless such person is indigent. If such per son is sentenced to COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 4 probation, such person shall be ordered to comply w ith the recommendations as a condition of probation at such person's own ex pense, unless such person is indigent. (c) The assessment required by subsection (a) of th is section or the evaluation required by subsection (b) of this secti on shall be at the expense of the person assessed or evaluated, unless such pe rson is indigent. § 88.35. Sentencing of Felons: Parole of Felons: Tr eatment and Testing Based Upon Assessment Required. (a) Each person sentenced by the court for a felony committed on or after the effective date of this Act shall be requi red, as part of any sentence to probation, community corrections, or incarcerati on with the Department of Corrections, to undergo periodic testing and treatm ent for substance abuse which is appropriate to such person based upon the recommendations of the assessment made pursuant to § 88.30 of this Act, or based upon any subsequent

odic testing and treatm ent for substance abuse which is appropriate to such person based upon the recommendations of the assessment made pursuant to § 88.30 of this Act, or based upon any subsequent recommendations by the Department of Cor rections or the Superior Court of Guam, whichever is appropriate. A ny such testing or treatment shall be at such person's own expense, un less such person is indigent. (b) Each person placed on parole by the Territorial Parole Board on or after the effective date of this act, shall be requ ired, as a condition of such parole, to undergo periodic testing and treatment f or substance abuse which is appropriate to such person based upon the recomm endations of the assessment made pursuant to § 88.30 of this Act, or any assessment or subsequent reassessment made regarding such person during his incarceration or any period of parole. Any such tes ting or treatment shall be at such person's own expense, unless such person is indigent. § 88.40. Departments Develop Testing Programs: Puni tive Sanctions. (a) The Superior of Guam, the Guam Behavioral Healt h and Wellness Center, the Department of Corrections, and the Terr itorial Parole Board, shall

ments Develop Testing Programs: Puni tive Sanctions. (a) The Superior of Guam, the Guam Behavioral Healt h and Wellness Center, the Department of Corrections, and the Terr itorial Parole Board, shall cooperate to develop programs for the periodi c testing of offenders under the jurisdiction of each agency and programs for the periodic reassessment of appropriate treatment and testing m ade in the initial substance abuse assessment required by § 88.30 of t his Act, or any subsequent reassessment. COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 5 (b) Any offender who tests positive for the use of alcohol or controlled substances subsequent to the initial test required by § 88.30 of this Act shall be subjected to a punitive sanction. The Superior C ourt of Guam, the Department of Corrections, and the Territorial Paro le Board shall cooperate to develop and make public a range of punitive sanc tions for those offenders under the jurisdiction of each agency which are app ropriate to the offenders supervised by each particular agency. Such punitive sanctions shall be formulated in such a way as to promote fairness and consistency in the treatment of

ency which are app ropriate to the offenders supervised by each particular agency. Such punitive sanctions shall be formulated in such a way as to promote fairness and consistency in the treatment of offenders and may include, but shall n ot be limited to, increases in the level of an offender's supervision, increase s in the use of electronic monitoring of an offender, loss of earned time gran ted pursuant to any appropriate local law or program, and referral of t he offender to the court or the Territorial Parole Board for re-sentencing or r evocation of probation or parole. It is the intent of the legislature that an y offender's test which is positive for the use of controlled substances or al cohol shall result in an intensified level of testing, treatment, supervisio n, or other sanctions designed to control abuse of substances for such of fender. (c) The Superior Court, the Department of Correctio ns, the Territorial Parole Board, and the Guam Behavioral Health and We llness Center shall cooperate to develop a range of incentives for offe nders under the jurisdiction of each particular agency to discontin ue abuse of alcohol or controlled substances.

Health and We llness Center shall cooperate to develop a range of incentives for offe nders under the jurisdiction of each particular agency to discontin ue abuse of alcohol or controlled substances. (d) No later than six (6) months after the effectiv e date of this Act, the Territorial Parole Board shall develop and make pub lic guidelines for the revocation of parole due to the abuse of alcohol or controlled substances in violation of this act. 2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Departmen t of Mental Health & Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to the Department of Mental Health & Substance Abuse c hanged to Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024: 4. § 88.50. Samples for Testing of Offenders. Any type of sample for the chemical testing of any offender for the presence of controlled substances or alcohol pursua nt to this Act may be collected from such offender by his probation offic er, parole officer, case manager within the Department of Corrections, or an y contract provider of testing services. COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 6 § 88.51.

officer, case manager within the Department of Corrections, or an y contract provider of testing services. COL3720149 GCA CRIMES AND CORRECTIONS CH. 88 CRIMINAL JUSTICE SUBSTANCE ABUSE ACT 6 § 88.51. Drug Treatment and Enforcement Fund. There is established a Drug Treatment and Enforceme nt Fund, which shall be maintained by the Department of Administra tion separately from the General Fund or any other fund of the government of Guam. All funds collected from fines levied against offenders convi cted of any offense involving the illegal possession, illegal possessio n with the intent to distribute, illegal importation or illegal manufact ure of any controlled substance as defined in 9 GCA Chapter [67], shall b e deposited in this fund. 2010 NOTE: Reference herein to 9 GCA Chapter '97' appears to be a manifest error by P.L. 23-60 (1995). Chapter 67 is the Guam Unifor m Controlled Substance Act. Correction made by Compiler. § 88.60. Report to the Legislature. On or before September 1, 1996, the Superior Court of Guam, the Department of Corrections, the Territorial Parole B oard, the Guam Police Department, and the Guam Behavioral Health and Well ness Center shall jointly make a

1, 1996, the Superior Court of Guam, the Department of Corrections, the Territorial Parole B oard, the Guam Police Department, and the Guam Behavioral Health and Well ness Center shall jointly make a report to a committee meeting of the Guam Legislature's standing committee with appropriate oversight (as d esignated by the Legislative Committee on Rules) regarding the imple mentation of this Act; the results of the programs created by this Act, in cluding any reduction in substance abuse by offenders while incarcerated; th e standardized procedures developed pursuant to this act; and the number and kinds of punitive sanctions imposed upon offenders pursuant to this Act. 2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Departmen t of Mental Health & Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to the Department of Mental Health & Substance Abuse c hanged to Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024: 4. ---------- COL372014