Chapter 90

9 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 1 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 Modernizat ion Act of 2021. ARTICLE 1 DEPARTMENT OF CORRECTIONS § 90.10. Definitions. § 90.15. General Duties of Department of Correction s. § 90.16. Minimum Qualifications for Department of Corrections Officers. § 90.16.1. Annual Corrections Officer Recruits Tra ining Cycle. § 90.20. Corrections Advisory Council Established. § 90.25. Director to Establish Prisons. § 90.27. Prison May Serve as Overflow Lock-Up. § 90.30. Rules, Regulations & Disciplinary Rules Authorized. § 90.35. Director to Control Organization of DOC; A ppoint Staff. § 90.40. General Duties of Director of Corrections. § 90.41. Inmate Commissary. § 90.42. Operation of Inmate Commissary. § 90.43 Corrections Commissary Fund. § 90.44. Inmate Phone Access Act of 2021. § 90.45. Authorization to Transfer Prisoners to Fed eral Correctional Institutions. § 90.46.

ation of Inmate Commissary. § 90.43 Corrections Commissary Fund. § 90.44. Inmate Phone Access Act of 2021. § 90.45. Authorization to Transfer Prisoners to Fed eral Correctional Institutions. § 90.46. Emergency Transfers of Inmates. § 90.47. Disciplinary Transfer of Inmates. § 90.48. Nursing Mothers-Accommodations. § 90.49. Corrections Revolving Fund. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 2 2014 NOTE: The following Compiler’s Comment was published as an original annotation in the Criminal and Correcti onal Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). It was incl uded when the Criminal and Correctional Code (1977) was 'recodifi ed' 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.

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 be en 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 Correction s. The Department shall protect the public from the de structive action of law offenders through control and rehabil itation. It shall provide staff services for the judiciary, the Parol e Board, probation officers and interested agencies of the E xecutive 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 : (1) be a resident of Guam and a U.S. citizen; (2) be of good health and good moral character; (3) be over the age of eighteen (18) years; (4) be a high

ersons appointed as Corrections Officer shall : (1) be a resident of Guam and a U.S. citizen; (2) be of good health and good moral character; (3) be over the age of eighteen (18) years; (4) be a high school graduate or equivalent, but the POST Commission may set higher academic qualificati ons COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 3 for all applicants as the Commission considers nece ssary; (5) submit to and pass a drug screening test, inclu ding, but not limited to, a urinalysis test; (6) submit to psychological testing; and (7) submit to a polygraph examination. (b) No person shall be appointed as a Corrections O fficer who has not established satisfactory evidence of qualification s by passing a physical examination, which shall include a physical agility test, and written examinations based upon s tandards relevant to the duties to be performed, which stand ards shall be established by the Director of Corrections in conju nction with the Department of Administration. (c) No person shall be appointed as a Corrections O fficer who has been convicted in any civilian or military cour t of a felony, a crime involving moral turpitude, a crime of domesti c or

istration. (c) No person shall be appointed as a Corrections O fficer who has been convicted in any civilian or military cour t of a felony, a crime involving moral turpitude, a crime of domesti c or family violence, or who has been administratively pardoned of any crime. (d) No person shall be appointed as a Corrections O fficer 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 pos ition in the Department. A Corrections Officer who resigns for the sole purpose of negating or averting a pending or antici pated disciplinary action to dismiss the Corrections Offi cer shall be ineligible for reappointment. (f) No person shall be appointed as a Corrections O fficer who has not established satisfactory evidence of the ability t o 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 t raining as approved by the Department of Integrated Services f or Individuals with Disabilities, as a condition for selection pri or

ility shall be by a certificate of completion of the appropriate t raining as approved by the Department of Integrated Services f or Individuals with Disabilities, as a condition for selection pri or 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 substant ially limits one (1) or more major life activities of an individual. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 4 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, sub mit to the Department of Administration such certification as required herein. SOURCE: Added by P.L.31-172:2 (Feb. 3, 2012), effective (12 0) days from date of enactment pursuant to P.L. 31-172:3. § 90.16.1. Annual Corrections Officer Recruits Trai ning Cycle. (a) The Department of Corrections shall conduct a corrections officer recruits training cycle for at least twenty (20) candidates per fiscal year.

Annual Corrections Officer Recruits Trai ning 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 Co rrections shall determine the total cost to conduct a recruit ment and training cycle pursuant to the requirements set forth in Sub section (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 s hall 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 train ing cycle conducted during that fiscal year pursuant to the r equirements set forth in this Section. SOURCE: Added as § 90.50 by P.L. 36-054:XII:42 (Sept. 11, 2 021), renumbered by the Compiler pursuant to the authori ty of 1 GCA § 1606. 2021 NOTE: P.L. 36-054:XII:42 (Sept.

et forth in this Section. SOURCE: Added as § 90.50 by P.L. 36-054:XII:42 (Sept. 11, 2 021), renumbered by the Compiler pursuant to the authori ty of 1 GCA § 1606. 2021 NOTE: P.L. 36-054:XII:42 (Sept. 11, 2021) added this prov ision originally numbered as § 90.50; however, there was an existing § 90.50 in Article 2 of Chapter 90, under the Western Intersta te Corrections Compact. To avoid confusion, the new provision was renumbere d to § 90.16.1. § 90.20. Corrections Advisory Council Established. There is hereby the established Corrections Advisor y Council, composed of the Chairman of the Guam Parol e Board, the Chief Judge of the Superior Court, the Administ rator of Social Services (Director, Public Health and Social Servic es) or his designee, the Principal of the Vocational & Technic al High COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 5 School or his representative, the United States Att orney or his representative and, in addition, one (1) representa tive from the business community and one (1) member of the genera l public, who shall be appointed by the Governor with the adv ice and consent of the Legislature.

nd, in addition, one (1) representa tive from the business community and one (1) member of the genera l public, who shall be appointed by the Governor with the adv ice and consent of the Legislature. The Director of the Dep artment shall be ex officio secretary of the Council and the Depa rtment shall furnish necessary logistic support. The Council sha ll 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' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.25. Director to Establish Prisons. The Director shall establish and operate correction al 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 place d 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 cr ime is inadequate, the court may direct the Director to ho ld such persons in his custody.

event that a court of competent jurisdiction finds that a facility used to detain persons charged with a cr ime is inadequate, the court may direct the Director to ho ld such persons in his custody. Such person shall be detained in an area separate and apart from those persons who have been convicte d of a crime and are serving sentences of imprisonment. § 90.30. Rules, Regulations & Disciplinary Rules Au thorized. The Director subject to the approval of the Governo r by Executive Order, is authorized to make rules and re gulations for the administration of correctional institutions and other places of confinement, including, but not limited to, necessa ry disciplinary measures for inmates thereof and for their treatmen t, care, labor, rehabilitation and reformation. § 90.35. Director to Control Organization of DOC; A ppoint Staff. (a) The Director may establish such divisions or ot her organizational units as he may determine to be nece ssary for the efficient and effective administration and operatio n of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 6 Department. Each such division or organizational un it shall be subject to the supervision and discretion of

tration and operatio n of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 6 Department. Each such division or organizational un it shall be subject to the supervision and discretion of the Di rector and shall have jurisdiction of such matters, exercise such po wers 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 an d 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 per formance of any of his powers or duties to any officer or em ployee 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 t o 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 dut ies of the Department through such divisions, or other organizational units as he may establish pursuant t o this Chapter or as otherwise provided by

) Shall exercise and discharge the powers and dut ies of the Department through such divisions, or other organizational units as he may establish pursuant t o this Chapter or as otherwise provided by law. (c) May formulate and adopt rules necessary or prop er 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 Dep artment of Corrections (DOC) is authorized to operate or ou tsource the operation of an inmate commissary within the confin es of DOC. This Section shall exempt DOC from the provisions of 21 GCA § 60112 in order to provide DOC the authority to leas e property to an approved vendor to operate the commissary facili ty without first seeking legislative approval. SOURCE: Added by P.L. 35-063:1 ( Feb. 11, 2020). § 90.42. Operation of Inmate Commissary. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 7 (a) The Director of DOC may operate, or contract wi th another person or entity to operate, a commissary f or the use of the inmates confined at DOC. (b) In accordance with 5 GCA Chapter 5 (Guam Procurement Law), the Department of Corrections is

ct wi th another person or entity to operate, a commissary f or 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 thr ee hundred (300) square feet of its property for an inmate commissar y. 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 design ee 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 offe red by the provider; (4) safety and security procedures to be performed by the provider; and (5) the performance record of the provider, includi ng

and benefits to inmates and the commissary, as offe red by the provider; (4) safety and security procedures to be performed by the provider; and (5) the performance record of the provider, includi ng service availability, reliability, and efficiency. (e) The Department of Corrections shall establish policy and procedures for the administration of this Secti on. 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). COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 8 § 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 governme nt 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.

overnment 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 dev elop or enhance inmate welfare; and the other fifty percent (50%) shall be used for rehabilitation programs within the Departm ent 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 Ph one Access Fund' (Fund), which shall be established by the Dep artment of Administration in accordance with the following pro visions: (1) Notwithstanding any other provision of law, a ny revenue that is collected by the Government of Guam for telephone services within the Guam Department of Corrections shall be deposited into said Fund.

otwithstanding any other provision of law, a ny 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 i s to be used to provide no-cost telephonic services for ind igent inmates or indigent detainees to contact their lega l counsel. (3) Should revenues deposited into this Fund not b e adequate to provide no-cost telephonic services for indigent inmates to contact their legal counsel, the Directo r of the Department of Corrections and I Magaʹhågan Guåhan shall ensure that any indigent inmate or indigent detaine e be provided with their constitutional right to consult legal counsel through no-cost telephonic service by any m eans that the Director or I Maga’hågan Guåhan sees fit. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 9 (4) For the purposes of this Section, 'indigent in mates' or 'indigent detainees' shall mean those persons ch arged in a criminal case before the courts of Guam who are determined indigent consistent with 12 GCA § 11104.

of this Section, 'indigent in mates' or 'indigent detainees' shall mean those persons ch arged in a criminal case before the courts of Guam who are determined indigent consistent with 12 GCA § 11104. (b) Notwithstanding any other provision of law, wi thin thirty (30) days of the enactment of this Section, the Dir ector of the Department of Corrections shall create and implemen t a policy where indigent inmates shall be allowed to call the Public Defender Service Corporation, the Alternate Public Defender, or their Attorney of Record, at no cost to the indigen t inmate. The Director of the Department of Corrections shall sub mit a report to I Liheslatura upon the creation and implementation of said polic y. SOURCE: Added as § 90.50 by P.L. 36-037:2 (July 20, 2021), renumbered by the Compiler pursuant to the authori ty of 1 GCA § 1606. 2021 NOTE: P.L. 36-037:2 (July 20, 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 Correct ions Compact. To avoid confusion, the new provision was renumbered t o § 90.44. § 90.45.

90.50; however, there was an existing § 90.50 in Article 2 of Chapter 90, under the Western Interstate Correct ions Compact. To avoid confusion, the new provision was renumbered t o § 90.44. § 90.45. Authorization to Transfer Prisoners to Fed eral Correctional Institutions. The Director is authorized to enter into one or mor e contracts with the Attorney General of the United States purs uant to the authority granted to the Attorney General of the Un ited States by Title 18, United States Code, § 5003, for the custo dy, care, subsistence, education, treatment and training in o ne or more Federal correctional institutions, of persons convi cted of criminal offenses in the courts of Guam; provided, that any such contract shall provide for the reimbursement of the United S tates in full for all costs or other expenses incurred by the United States for such custody, care, subsistence, education, treatment an d training; and provided further, that the Director shall comply wi th the relevant provisions of §§ 90.46 through 90.48 inclusive of t his Code prior to the physical transfer of any such person to a Fe deral correctional institution. SOURCE: Added by P.L. 15-59:1, eff. 08/31/79.

nt provisions of §§ 90.46 through 90.48 inclusive of t his Code prior to the physical transfer of any such person to a Fe deral correctional institution. SOURCE: Added by P.L. 15-59:1, eff. 08/31/79. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 10 § 90.46. Emergency Transfers of Inmates. (a) Existence of correctional emergency. The Direct or may declare a correctional emergency under the followin g circumstances: (1) When the Director determines the existence of conditions which have affected, or in the immediate future will affect, the physical integrity of any correcti onal institution over which he has jurisdiction or the h ealth or safety of the inmates thereof; and (2) The effect of such conditions will, in the Dire ctor's opinion, be to render such institution unable to pr ovide secure custody and proper care for the inmates thereof. Th e term 'conditions' as used hereinabove includes, although it is not limited to fire, earthquake, explosion, typhoon, fl ood, other acts of God and calamitous events and diseases, but it shall not include riot,

ditions' as used hereinabove includes, although it is not limited to fire, earthquake, explosion, typhoon, fl ood, other acts of God and calamitous events and diseases, but it shall not include riot, insurrection or any other disturb ance created by the inmates of such institution. (b) Procedure for Declaration. Whenever the Directo r determines the existence of a correctional emergenc y as defined hereinabove, he shall make and execute a short, pla in written statement setting forth the nature of such emergenc y and the basis for his opinion that such emergency will render suc h institution unable to provide secure custody and proper care fo r the inmates thereof. Such statement shall be filed in the perma nent records of the Department as soon after its execution as is pr acticable. Copies of such statement shall be delivered to the Parole Board and to the Office of the Attorney General within five (5) cale ndar days after its execution by the Director. (c) Transfer of Inmates. Following the declaration of a correctional emergency as provided for hereinabove, the Director may, without further delay, enter into one or more contracts such as those contemplated by §§ 90.45 of this

owing the declaration of a correctional emergency as provided for hereinabove, the Director may, without further delay, enter into one or more contracts such as those contemplated by §§ 90.45 of this Code or b y Article III of the Western Interstate Corrections Compact (§ 90 .52 of this Code), and he may thereafter transfer an inmate or inmates of the correctional institution for which such correctiona l emergency was declared to another correctional institution wi thout any further administrative proceedings; provided, howev er, that any COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 11 transfer of an inmate or inmates under conditions o f correctional emergency shall be to a correctional institution wi thin Guam, if such then exists and then has the capability of pro viding secure custody and proper care to such inmate or inmates, and that no inmate shall be transferred to a correctional insti tution outside of Guam under conditions of correctional emergency unl ess no correctional institution then existing within Guam then has the capability of providing secure custody and proper c are to such inmate. (d) Termination of Correctional Emergency.

emergency unl ess no correctional institution then existing within Guam then has the capability of providing secure custody and proper c are to such inmate. (d) Termination of Correctional Emergency. Whenever the Director determines that the conditions which neces sitated the declaration of a correctional emergency no longer h ave the effect of rendering the correctional institution unable to provide secure custody and proper care for the inmates thereof, th e Director shall declare the termination of such correctional emerge ncy. Such declaration shall be in writing and executed by the Director and shall be filed and delivered as set forth in Subsec tion (b) of this Section. Such termination shall be effective immedi ately upon its execution. (e) Return of Inmates. Upon the termination of a co rrectional emergency, all inmates who were transferred under t he provisions of Subsection (c) of this Section shall immediately be returned to the correctional institution from which they were t ransferred, at the Department's expense. SOURCE: Added by P.L. 15-59:2, eff. 08/31/79. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA §

e t ransferred, at the Department's expense. SOURCE: Added by P.L. 15-59:2, eff. 08/31/79. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.47. Inmate Transfer: Non-Emergency. The Director of Corrections is authorized to transf er an inmate to a correctional institution outside of Gua m in non- emergency circumstances. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.47.01. Same: Disciplinary Transfer. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 12 The Director may recommend the transfer of an inmat e to an institution outside of Guam for disciplinary reason s in the following circumstances: (a) when an inmate is alleged by an officer, employ ee or other inmate to have committed a violation of such institution’s rules or regulations, which violation might constitute a threat to the order or discipline of t he institution or to the physical safety of an officer, employee o r any inmate; or (b) when an inmate is subsequently convicted of a violation of § 58.20 or § 58.30 of this

order or discipline of t he institution or to the physical safety of an officer, employee o r any inmate; or (b) when an inmate is subsequently convicted of a violation of § 58.20 or § 58.30 of this Code, or of any violent crime. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.47.02. Same: Non-disciplinary Transfer. The Director may recommend the transfer of an inmat e to an institution outside of Guam for non-disciplinary ci rcumstances under either of the following circumstances: (a) whenever the Director determines that, due to t he physical or mental condition of an inmate, the pres ent incarceration lacks adequate facilities for custody , care, subsistence, education, treatment or training of th e inmate, and that of the inmate would be better served by tr ansfer to an institution outside of Guam; or (b) whenever the Director determines that due to overcrowding which impacts on the adequacy of the f acility to provide for the safe custody, care, subsistence, education, treatment and training of an inmate the interest of the inmate is better served by such

g which impacts on the adequacy of the f acility to provide for the safe custody, care, subsistence, education, treatment and training of an inmate the interest of the inmate is better served by such transfer to an institution outside Guam. SOURCE: Repealed and reenacted by P.L. 24-86:1. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.47.03. Same: Procedures for Transfers. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 13 Whenever the Director of the Department of Correcti ons determines that an inmate be recommended for transf er to a correctional institute outside of Guam, the Directo r shall convene a Transfer Review Committee to review the basis for such recommended transfer. The Director shall promulgate through Executive Order rules and regulations for the estab lishment of a Transfer Review Committee to include: (a) a minimum of five (5) members to include a DOC case worker, the Attorney General or representative , a correctional officer, an inmate, a member of the cl ergy; (b) provisions for due notice on a recommended transfer, which shall include timely notice to the inmate and the

eneral or representative , a correctional officer, an inmate, a member of the cl ergy; (b) provisions for due notice on a recommended transfer, which shall include timely notice to the inmate and the Attorney General; (c) provisions for hearing, final decision and appe al from a final decision of transfer; (d) provisions for maintaining a record of each hea ring. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. SOURCE: Repealed and reenacted by P.L. 24-86:1. § 90.47.04. Same: Basis of Determination. (a) The Transfer Review Committee shall base its determination for transfer upon substantial evidenc e as presented on the record at hearing, and shall be final. No in mate shall be recommended for transfer while any conviction for w hich he was incarcerated is on appeal. Any statement made by an inmate during the course of a transfer hearing shall not b e admitted in evidence against the inmate in any subsequent crimi nal action, except for the purpose of impeachment or in a trial for perjury, false swearing or contempt. (b) The Administrative Adjudication Law and the Ope n Government Law shall not apply to any

mi nal action, except for the purpose of impeachment or in a trial for perjury, false swearing or contempt. (b) The Administrative Adjudication Law and the Ope n Government Law shall not apply to any proceeding or action taken under this Section, nor shall any inmate be represe nted by counsel in any proceeding held pursuant to this Section. SOURCE: Repealed and reenacted by P.L. 24-86:1. § 90.47.05.Same: Appeal from Determination. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 14 Any inmate whom the Transfer Review Committee has determined is to be transferred under these provisi ons may appeal such determination to the Superior Court of Guam. T he review of the Superior Court shall not be de novo, and shall be limited to a review of the record to determine whether the Trans fer Review Committee made its determination based upon a fair and full hearing. A determination may be reversed only upon a showing that the Committee abused its discretion in applyin g the rules and regulations to the facts which provided the basis f or the recommended transfer, and that to allow the decisio n to stand would result in a miscarriage of justice.

scretion in applyin g the rules and regulations to the facts which provided the basis f or the recommended transfer, and that to allow the decisio n to stand would result in a miscarriage of justice. Notice of filing an appeal in accordance with this Subsection does not automat ically stay an inmates transfer pending appeal. SOURCE: Added by P.L. 15-59, eff. 08/31/79. Repealed and re enacted by P.L. 24-86:1. § 90.48. Nursing Mothers-Accommodations. (a) The Director of the Department of Corrections m ust make reasonable efforts to provide a breast pump an d a sanitary room, other than a toilet stall, or a private area where a nursing mother confined at the Department of Corrections fa cilities can express her milk. (b) A nursing mother confined at the Department of Corrections facilities may be allowed to breastfeed her child in a sanitary room, other than a toilet stall, or a priv ate area as long as safeguards are in place, as determined by the Direc tor, to prevent her escape and as long as it is not a threat to the infant’s and the public’s safety and welfare. SOURCE: P.L. 32-098:3 (Nov. 27, 2013) added 9 GCA § 80.49 .1, codified by Compiler as 9 GCA § 90.48.

her escape and as long as it is not a threat to the infant’s and the public’s safety and welfare. SOURCE: P.L. 32-098:3 (Nov. 27, 2013) added 9 GCA § 80.49 .1, codified by Compiler as 9 GCA § 90.48. 2014 NOTE: This section was originally entitled 'Inmate Tran sfers for Non-Emergency and Non-Disciplinary Reasons.' Added by P.L. 15-059:4 (Aug. 31, 1979). Repealed by P.L 24-086:2 (Oct. 6, 1997). In light of the repeal occurring more than five years ago, the Comp iler used the code section for a newly added statute pursuant to the a uthority granted by 1 GCA § 1606. § 90.49. Corrections Revolving Fund. There is hereby created, within the Department of Corrections, a revolving fund called the ‛Correctio ns Revolving COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 15 Fund’, which shall be established by the Department of Administration in accordance with the following pro visions: (a) All funds collected from the U.S. Marshal Servi ce, the U.S. Immigration Service and the U.S. Bureau of Prisons for housing U.S. prisoners and detainees, confineme nt of military personnel as agreed to in a Memorandum of Agreement between the United States Air Force and t he Department of

.S. Bureau of Prisons for housing U.S. prisoners and detainees, confineme nt of military personnel as agreed to in a Memorandum of Agreement between the United States Air Force and t he Department of Corrections dated March 5, 2003, empl oyees of the Department of Corrections for meals they pur chase at the Department’s dining facility, and the sale of h ot garbage (pig slop) to private persons, shall be deposited i nto said Fund. (1) Funds in the Corrections Revolving Fund may be used to purchase clothing for prisoners and deta inees, foodstuffs for the dining facility, galley catering services and, equipment, medical/dental supplies, prescription and over-the-counter medicines, sanita ry/ hygiene supplies, and other pharmaceutical supplies for prisoners and detainees, including payment for prisoner-detainee maintenance costs in any off-isla nd prison or medical institutions, payment for overtim e and related personnel costs and for DepCor Department o f Correction Reservists. (2) Expenditures from the Fund shall be approved by the Director of Corrections and posted on the Department’s website.

nd related personnel costs and for DepCor Department o f Correction Reservists. (2) Expenditures from the Fund shall be approved by the Director of Corrections and posted on the Department’s website. (3) A complete and accurate accounting of all money deposited into and withdrawn from such Fund shall be maintained by the Director of Administrati on. (4) Such accounting shall include and clearly identify the sources and amounts of all funds paid into or withdrawn from said Fund. (b) The Corrections Revolving Fund shall be maintai ned separate and apart from all other funds of the gove rnment of Guam. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 16 (c) No expenditures and encumbrances from the Corrections Revolving Fund shall be made without legislative approval through appropriation. SOURCE: Added by P.L. 27-106:VI:17 (Sept. 30, 2004). Amende d by P.L. 28-068:IV:108 (Sept. 30, 2005). ---------- ARTICLE 2 WESTERN INTERSTATE CORRECTIONS COMPACT § 90.50. Purpose of Article. § 90.51. Compliance to §§ 90.46-90.48. § 90.52. Compact Stated. § 90.54. Director, Department of Corrections May Co mmit Prisoner Outside of Guam Pursuant to Terms of Compact. § 90.56.

se of Article. § 90.51. Compliance to §§ 90.46-90.48. § 90.52. Compact Stated. § 90.54. Director, Department of Corrections May Co mmit Prisoner Outside of Guam Pursuant to Terms of Compact. § 90.56. All Agencies of Government of Guam Shall E nforce Compact. § 90.58. Director, Department of Corrections May Ho ld Hearings as Required by Compact. § 90.60. Governor May Contract to Implement Compact . § 90.62. Guam to Provide Transportation to Guam Res ident Ending Sentence Out-of-Guam. § 90.64. Severability. § 90.66. Effective Date. 2014 NOTE: The following Compiler’s Comment was published as an original annotation in the Criminal and Correcti onal Code (1977), enacted by P.L. 13-185 (Sept. 2, 1976). It was incl uded when the Criminal and Correctional Code (1977) was 'recodifi ed' 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 2 restates verbatim §§ 8820 through 8828 of the Government Code, which is the AWestern Interstate Corrections Compact. @ These sections in the Government Code have been repealed by P.L. 13-187 ( Sept.

restates verbatim §§ 8820 through 8828 of the Government Code, which is the AWestern Interstate Corrections Compact. @ These sections in the Government Code have been repealed by P.L. 13-187 ( Sept. 2, 1976). COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 17 § 90.50. Purpose of Article. The purpose of this Article is to enact enabling le gislation for the enactment of the Western Interstate Corrections Compact, hereinafter referred to as the Compact. This Articl e may be cited as the Western Interstate Corrections Compact Enabl ing Act. 2021 NOTE: P.L. 36-037:2 (July 20, 2021) added a new § 90.50 entitled 'Inmate Phone Access Act of 2021'; however, to avoi d confusion with this existing provision, the new law was renumbered to § 90.44 by the Compiler pursuant to 1 GCA § 1606. P.L. 36-054:XII:42 (Sept. 11, 2021) added a new § 9 0.50 entitled 'Advance Payment for Medicines Allowed'; however, t o avoid confusion with this existing provision, the new law was renum bered to § 5007.1 by the Compiler pursuant to 1 GCA § 1606. § 90.51. Compliance to §§ 90.46-90.48. No person shall be transferred to a correctional in stitution outside of Guam unless the applicable provisions

5007.1 by the Compiler pursuant to 1 GCA § 1606. § 90.51. Compliance to §§ 90.46-90.48. No person shall be transferred to a correctional in stitution outside of Guam unless the applicable provisions of §§ 90.46, 90.47 or 90.48 of this Code have first been complie d with or unless such person has been legally sentenced to a term of imprisonment in such a correctional institution. SOURCE: Added by P.L. 15-059:5 (Aug. 32, 1979). 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. 2014 NOTE: The following comment is found in prior print publi cations of the GCA: COMMENT: Congress appears to have given its consent to Guam' s entry into the Compact, by enacting P.L. 87-406 in 1962. The effect of this law was to amend 4 U.S.C. § 112, adding Gua m to the list of States and territories to which Congress gave its c onsent for entry into A..agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and in the en forcement of their respective criminal laws and policies... @ (emphasis added). It would appear that the Western Interstate Corrections Comp act is the type of compact to which Congress

and in the en forcement of their respective criminal laws and policies... @ (emphasis added). It would appear that the Western Interstate Corrections Comp act is the type of compact to which Congress was referring in P.L. 87-406, and that the necessary Congressional approval has therefore been granted. COURT DECISIONS: D.C. GUAM, 1978. Compact does not include federal correctional institutions. Santos v. Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandum Order, 10/27/78; Duenas, J.) D.C. GUAM, 1978. Article VII of Compact require s consent of Congress before Guam can become member of Compact a nd legally enter into inmate transfer contracts with other mem bers. Santos v. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 18 Sablan, Dist. Ct. of Guam Civ. #78-00361 (Memorandu m Order, 10/27/78; Duenas, J.) [Later research has determined that Congress has ge nerally consented to Guam's entry into this comment.] § 90.52. Compact Stated. The Compact as contained herein is hereby enacted i nto law and entered into on behalf of Guam with any and all states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact Article I Purpose and

y enacted i nto law and entered into on behalf of Guam with any and all states legally joining therein in a form substantially as follows: Western Interstate Corrections Compact Article I Purpose and Policy The party states, desiring by common action to impr ove their institutional facilities and provide programs of su fficiently, high quality for the confinement, treatment and rehabili tation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and pro grams on a basis of cooperation with one another, thereby serving th e best interests of such offenders and of society. The purpose of th is Compact is to provide for the development and execution of suc h programs of cooperation for the confinement, treatment and reha bilitation of offenders. Article II Definitions As used in this Compact, unless the context clearly requires otherwise: (a) State means a state of the United States, or, subject to the limitation contained in Article VII, Guam. (b) Sending State means a state party to this Compact in which conviction was had.

herwise: (a) State means a state of the United States, or, subject to the limitation contained in Article VII, Guam. (b) Sending State means a state party to this Compact in which conviction was had. (c) Receiving State means a state party to this Compact to which an inmate is sent for confinement other th an a state in which conviction was had. (d) Inmate means a male or female offender who is under sentence to, or confined in, a prison or othe r correctional institution. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 19 (e) Institution means any prison, reformatory or other correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which in mates may lawfully be confined. Article III Contracts (a) Each party state may make one or more contracts with any one or more of the other party states for the confi nement of inmates on behalf of a sending state in institution s situated within receiving states. Any such contract shall provide f or: (1) Its duration. (2) Payments to be made to the receiving state by t he sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or

all provide f or: (1) Its duration. (2) Payments to be made to the receiving state by t he sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or re ceipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as pa rt of normal maintenance. (3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments r eceived by inmates on account thereof; and the crediting of pr oceeds from or disposal of any products resulting therefro m. (4) Delivery and retaking of inmates. (5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilitie s and rights of the sending and receiving states. (b) Prior to the construction or completion of cons truction of any institution or addition thereto by a party stat e, any other party state or states may contract herewith for the enlar gement of the planned capacity of the institution or addition the reto, or for the inclusion therein of particular equipment or struct ures, and for the reservation of a specific percentum of the capacity of the institution to be kept

he institution or addition the reto, or for the inclusion therein of particular equipment or struct ures, and for the reservation of a specific percentum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state s o contracting may, to the extent that moneys are legally availabl e therefor, pay to the receiving state a reasonable sum as consider ation for such enlargement of capacity, or provision, of equipment or structures, COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 20 and reservation of capacity. Such payment may be in a lump sum or installments as provided in the contract. (c) The terms and provisions of this Compact shall be a part of any contract entered into by the authority of, o r pursuant thereto, and nothing in any such contract shall be inconsistent therewith. Article IV Procedures and Rights (a) Whenever the duly constituted judicial or admin istrative authorities in a state party to this Compact, and w hich has entered into a contract pursuant to Article III, shall deci de that confinement in, or transfer of an inmate to, an ins titution within the Territory of another

party to this Compact, and w hich has entered into a contract pursuant to Article III, shall deci de that confinement in, or transfer of an inmate to, an ins titution within the Territory of another party state is necessary i n order to provide adequate quarters and care or desirable in order to provide an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an instit ution within the Territory of said other party state, the receiving state to act in that regard solely as agent for the sending state. (b) The appropriate officials of any state party to this Compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereo f and visiting such of its inmates as may be confined in the institutio n. (c) Inmates confined in an institution pursuant to the terms of this Compact shall at all times be subject to the j urisdiction of the sending state and may at any time be removed theref rom for transfer to a prison or other institution within th e sending state may have a contractual or other right to confine in mates, for

n of the sending state and may at any time be removed theref rom for transfer to a prison or other institution within th e sending state may have a contractual or other right to confine in mates, for release on probation or parole, for discharge, or f or any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any con tract entered into under the terms of Article III. (d) Each receiving state shall provide regular repo rts to each sending state on the inmates of the sending state i n institutions pursuant to this Com pact including a conduct recor d of each inmate and certify said record to the official desi gnated by the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 21 sending state, in order that each inmate may have t he benefit of his or her record in determining and altering the d isposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a s ource of information for the sending state.

rmining and altering the d isposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a s ource of information for the sending state. (e) All inmates who may be confined in an instituti on pursuant to the provisions of this Compact shall be treated in a reasonable and humane manner and shall be cared for and treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confi nement in a receiving state shall not deprive any inmate so con fined of any legal rights which said inmate would have had if co nfined in an appropriate institution of the sending state. (f) Any hearing or hearings to which an inmate conf ined pursuant to this Compact may be entitled by the law s of the sending state may be had before the appropriate aut horities of the sending state, or of the receiving state if authori zed by the sending state. The receiving state shall provide adequate f acilities for such hearings as may be conducted by the appropriate off icials of a sending state. In the event such hearing or hearing s as prescribed by the sending state shall be made.

e adequate f acilities for such hearings as may be conducted by the appropriate off icials of a sending state. In the event such hearing or hearing s as prescribed by the sending state shall be made. Said record tog ether with any recommendations of the hearing officials shall be t ransmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the se nding state. In any all proceedings had pursuant to the provisions of this Subdivision, the officials of the receiving state s hall act solely as agents of the sending state and no final determinat ion shall be made in any matter except by the appropriate offici als of the sending state. Costs of records made pursuant to th is Subdivision shall be borne by the sending state. (g) An inmate confined pursuant to this Compact sha ll be released within the Territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shal l bear the cost of such return to its Territory. (h) Any inmate confined pursuant to the terms of th is Compact shall have any and all rights to participat e in and derive any

The sending state shal l bear the cost of such return to its Territory. (h) Any inmate confined pursuant to the terms of th is Compact shall have any and all rights to participat e in and derive any benefits or incur or be relieved of any obligat ions or have such COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 22 obligations modified or his status changed on accou nt of any action or proceeding in which he could have partici pated if confined in any appropriate institution of the send ing state located within such state. (i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any po wer in respect of any inmate confined pursuant to the terms of this C ompact. Article V Acts Not Reviewable in Receiving State; Extradition (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this Compact shall be conclusive upon and not reviewable within the recei ving state, but if at the time the sending state seeks to remove an inmate from an institution

tains jurisdiction pursuant to this Compact shall be conclusive upon and not reviewable within the recei ving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inm ate is suspected of having committed within such state a criminal of fense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other fo rm of proceeding, imprisonment or detention for such offe nse. The duly accredited officers of the sending state shall be p ermitted to transport inmates pursuant to this Compact through any and all states party to this Compact without interference. (b) An inmate who escapes from an institution in wh ich he is confined pursuant to this Compact shall be deemed a fugitive from the sending state and from the state in which the i nstitution is situated. In the case of an escape to a jurisdictio n other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sendin g state, but nothing contained herein shall be construed to

ctio n other than the sending or receiving state, the responsibility for institution of extradition proceedings shall be that of the sendin g state, but nothing contained herein shall be construed to prev ent or affect the activities of officers and agencies of any juri sdiction directed toward the apprehension and return of an escape. Article VI Federal Aid Any state party to this Compact may accept Federal aid for use in connection with any institution or program, the use of which COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 23 is or may be affected by this Compact or any contra ct pursuant hereto and any inmate in a receiving state pursuant to this Compact may participate in any such Federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state sh all be required therefor. Article VII Entry Into Force This Compact shall enter into force and become effe ctive and binding upon the states so acting when it has been enacted into law by any two contiguous states

d therefor. Article VII Entry Into Force This Compact shall enter into force and become effe ctive and binding upon the states so acting when it has been enacted into law by any two contiguous states from among the sta tes of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Monta na, Nebraska, Nevada, New Mexico, Oregon, Utah, Washing ton and Wyoming. For the purposes of this Article, Alaska a nd Hawaii shall be deemed contiguous to each other; to any an d all of the states of California, Oregon and Washington, and to Guam. Thereafter, this Compact shall enter into force and become effective and binding as to any other of said state s, or any other state contiguous to at least one party state upon s imilar action by such state. Guam may become party to this Compact b y taking action similar to that provided for joinder by any other eligible party state and upon the consent of Congress to suc h joinder. For the purposes of this Article, Guam shall be deemed contiguous to Alaska, Hawaii, California, Oregon and Washington. Article VIII Withdrawal and Termination This Compact shall continue in force and remain bin ding upon a party state until it shall have enacted a st atute

, Hawaii, California, Oregon and Washington. Article VIII Withdrawal and Termination This Compact shall continue in force and remain bin ding upon a party state until it shall have enacted a st atute repealing the same and providing for the sending of formal writte n notice of withdrawal from the Compact to the appropriate offi cials of all other party states. An actual withdrawal shall not take effect until two years after the notices provided in said statut e have been sent. Such withdrawal shall not relieve the withdrawing s tate from its obligations assumed hereunder prior to the effectiv e date of withdrawal. Before the effective date of withdrawal , a withdrawing state shall remove to its Territory, at its own expense, COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 24 such inmates as it may have confined pursuant to th e provisions of this Compact. Article IX Other Arrangements Unaffected Nothing contained in this Compact shall be construe d to abrogate or impair any agreement or other arrangeme nt which a party state may have with a non-party state of the confinement, rehabilitation or treatment of inmates nor to repea l any other laws of a party state

mpair any agreement or other arrangeme nt which a party state may have with a non-party state of the confinement, rehabilitation or treatment of inmates nor to repea l any other laws of a party state authorizing the making of cooperat ive institutional arrangements. Article X Construction and Severability The preceding shall be liberally construed and shal l be severable. If any phrase, clause, sentence or provi sion of this Compact is declared to be contrary to the constitut ion of any participating state or of the United States or the applicability thereof to any government, agency, person or circum stance is held invalid, the validity of the remainder of this Comp act and the applicability thereof to any government, agency, pe rson or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state p articipating therein, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. § 90.54. Director, Department of Corrections May Co mmit Prisoner Outside of Guam Pursuant to Terms of Compa ct.

tes and in full force and effect as to the state affected as to all severable matters. § 90.54. Director, Department of Corrections May Co mmit Prisoner Outside of Guam Pursuant to Terms of Compa ct. The Director of Corrections may commit or transfer any inmate of a penal institution under his responsibil ity to any institution without Guam if Guam has entered into a contract or contracts for the confinement of inmates in such in stitution pursuant to Article III of the Compact. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.56. All Agencies of Government of Guam Shall E nforce Compact. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 25 The courts, departments, agencies and officers of G uam shall enforce this Compact and shall do all things approp riate to the effectuation of its purposes and intent which may b e within their respective jurisdictions including but not limited to the making and submission of such reports as are required by t he Compact. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.58.

o the making and submission of such reports as are required by t he Compact. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.58. Director, Department of Corrections May Ho ld Hearings as Required by Compact. The Director of Corrections is hereby authorized an d directed to hold such hearings as may be requested by any pa rty state pursuant to Article IV(f) of the Compact. § 90.60. Governor May Contract to Implement Compact . The Governor is hereby empowered to enter into such contracts as may be appropriate to implement the pa rticipation of the territory of Guam in the Compact pursuant to Ar ticle III thereof. § 90.62. Guam to Provide Transportation to Guam Res ident Ending Sentence Out-of-Guam. Where the inmate of an institution within Guam is c ommitted or transferred to any institution outside Guam purs uant to § 90.54, and if such inmate is discharged in the receiving s tate by agreement pursuant to Article IV(g) of the Compact, where such inmate is a permanent resident of Guam the return t ransportation of such inmate to Guam shall be furnished by Guam.

receiving s tate by agreement pursuant to Article IV(g) of the Compact, where such inmate is a permanent resident of Guam the return t ransportation of such inmate to Guam shall be furnished by Guam. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.64. Severability. The provisions of this Article shall be severable a nd if any phrase, clause, sentence, or provision of the Artic le is declared to be invalid or the applicability thereof to any stat e, agency, person or circumstances is held invalid, the validity of t his Article and the applicability thereof to any other state, agency, p erson or circumstance shall with respect to all severable ma tters, not be affected thereby. It is the legislative intent that the provisions of this Article be reasonably and liberally construed. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 26 § 90.66. Effective Date. This Article shall become effective upon the enactm ent of consent legislation by the United States Congress i n accordance with Article VII of the Compact. ---------- ARTICLE 3 INTERSTATE COMPACT ON JUVENILES § 90.80. Purpose of Article: Title.

nactm ent of consent legislation by the United States Congress i n accordance with Article VII of the Compact. ---------- ARTICLE 3 INTERSTATE COMPACT ON JUVENILES § 90.80. Purpose of Article: Title. § 90.82. Governor to Execute Compact: Compact State d. § 90.84. Chief Judge of Superior Court to be Compac t Administrator: Duties. COMMENT: Article 3 restates verbatim §§ 8840 through 8842 of the Government Code, the Interstate Compact on Juve niles, coupled with its various amendments. The respective Section s of the Government Code have been repealed by Public Law 13 -187 (Sept. 2, 1976). § 90.80. Purpose of Article: Title. The purpose of this Article is to enact enabling le gislation for the Interstate Compact on Juveniles, hereinafter re ferred to as the Compact. This Article may be cited as the Interstat e Compact on Juveniles Enabling Act. § 90.82. Governor to Execute Compact: Compact State d. The Governor of Guam is hereby authorized to execut e and enter into a Compact on behalf of t Guam with any a nd all states, territories, Trust Territories and possessions of t he United States, the District of Columbia, and the Commonwealth of P uerto Rico legally joined therein in a

lf of t Guam with any a nd all states, territories, Trust Territories and possessions of t he United States, the District of Columbia, and the Commonwealth of P uerto Rico legally joined therein in a form substantially as f ollows: Article I Finding and Purposes That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away , are likely to endanger their own health, morals and welfare of others. The cooperation of the states party to this Compact is therefore COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 27 necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative s upervision of delinquent juveniles on probation or parole; (2) th e return, from one state to another, of delinquent juveniles who h ave escaped or absconded; (3) the return, from one state to anothe r, of non- delinquent juveniles who have run away from home; a nd (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states m ay find desirable to undertake cooperatively.

who have run away from home; a nd (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states m ay find desirable to undertake cooperatively. In carrying o ut the provisions of this Compact the party states shall b e guided by the noncriminal, reformative and protective policies wh ich guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states par ty to this Compact to cooperate and observe their respective responsib ilities for the prompt return and acceptance of juveniles and delin quent juveniles who become subject to the provisions of t his Compact. The provisions of this Compact shall be reasonably and liberally construed to accomplish the foregoing purposes. Article II Existing Rights and Remedies That all remedies and procedures provided by this C ompact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in deroga tion of parental rights and responsibilities. Article III Definitions That, for the purposes of this Compact: (a) delinquent juvenile means any juvenile who has been adjudged delinquent and

in deroga tion of parental rights and responsibilities. Article III Definitions That, for the purposes of this Compact: (a) delinquent juvenile means any juvenile who has been adjudged delinquent and who, at the time the provis ions of this Compact are invoked, is still subject to the j urisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institu tion pursuant to an order of such court; (b) Probation or parole means any kind of conditional release of juveniles authorized under the laws of t he states party hereto; COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 28 (c) Court means any court having jurisdiction over delinquent, neglected or dependent children. (d) State means any state, territory, and Trust Territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and (e) Residence or any variant thereof means a place at which a home a regular place of abode is maintained . Article IV Return of Runaways (a) That the parent, guardian, person or agency ent itled to legal custody of a juvenile who has not been adjudg ed delinquent but who has run away without the

ntained . Article IV Return of Runaways (a) That the parent, guardian, person or agency ent itled to legal custody of a juvenile who has not been adjudg ed delinquent but who has run away without the consent of such pa rent, guardian, person or agency may petition the appropr iate court in the demanding state for the issuance of a requisiti on for his return. The petition shall state the name and age of the ju venile, the name of the petitioner and the basis of entitlement to t he juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such oth er facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate; and shall be accompanied by two (2) c ertified copies of the document or documents on which the petitione r's entitlement to the juvenile's custody is based, suc h as birth certificates, letters of guardian ship, or custody decrees. Such further affidavits and other documents as may be de emed proper may be submitted with the petition.

s custody is based, suc h as birth certificates, letters of guardian ship, or custody decrees. Such further affidavits and other documents as may be de emed proper may be submitted with the petition. The judge of th e court to which this application is made shall hold a hearing thereon to determine whether for the purposes of this Compact the petitioner is entitled to the legal custody of the juvenile, w hether or not it appears that the juvenile has in fact run away with out consent, whether or not he is an emancipated minor, and whet her or not it is in the best interest of the juvenile to compel h is return to the state. If the judge determines, after a hearing, th at the juvenile should be returned, he shall present to the appropr iate court or to the executive authority of the state where the juve nile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age o f the juvenile, COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 29 the determination of the court that the juvenile ha s run away without the consent or a parent, guardian, person o r agency entitled to his legal custody, and that it is

ECTIONS CH. 90 CORRECTIONS 29 the determination of the court that the juvenile ha s run away without the consent or a parent, guardian, person o r agency entitled to his legal custody, and that it is in th e best interest and for the protection of such juvenile that he be retu rned. In the event that a proceeding for the adjudication of the juven ile as a delinquent, neglected or dependent juvenile is pend ing in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon it s own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nat ure and circum- stances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed b y the judge. One (1) copy of the requisition shall be filed with the Compact Administrator of the demanding state, there to rema in on file subject to the provision of law governing records o f such court. Upon the receipt of a requisition demanding the ret urn of a juvenile who has run away, the court or the executi ve authority to whom the requisition is addressed shall issue and o

ds o f such court. Upon the receipt of a requisition demanding the ret urn of a juvenile who has run away, the court or the executi ve authority to whom the requisition is addressed shall issue and o rder to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention or der must substantially recite the facts necessary to the val idity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demand ing him shall have appointed to receive him, unless he shall firs t be taken forthwith before a judge of a court in the state, w ho shall inform him of the demand made for his return, and who shal l appoint counsel or guardian and litem for him. If the judge of such court shall find that the requisition is in order he shal l deliver such juvenile over the officer whom the court demanding him shall have appointed to receive him. The judge, however m ay fix a reasonable time to be allowed for the purpose of te sting the legality of the proceeding. Upon reasonable information that a person is a juve nile who has run away from another state party to this Compa ct

able time to be allowed for the purpose of te sting the legality of the proceeding. Upon reasonable information that a person is a juve nile who has run away from another state party to this Compa ct without the consent of a parent, guardian, person or agency ent itled to his legal custody, such juvenile may be taken into custody wi thout a requisition and brought forthwith before a judge of the appropriate court who shall appoint counsel or guardian ad lite m for such juvenile and who shall determine after a hearing wh ether COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 30 sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety (90) days as will enable his retur n to another state party to this Compact pursuant to a requisiti on for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pen ding in the state wherein he is found any criminal charge, or any pro ceeding to have him adjudicated a delinquent juvenile for an a ct committed in such state; or if he is suspended of having comm itted within such

e wherein he is found any criminal charge, or any pro ceeding to have him adjudicated a delinquent juvenile for an a ct committed in such state; or if he is suspended of having comm itted within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such s tate until discharged from prosecution or other form of procee ding, imprisonment, detention or supervision for such off ense or juvenile delinquency. The duly accredited officers of any state party to this Compact, upon the establishment of th eir authority and the identity of the juvenile being returned, sh all be permitted to transport such juvenile through any and all stat es party to this Compact, without interference. Upon his return to t he state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the law of that state. (b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the tra nsportation cost of such return. (c) That juvenile as used in this Article means any person who is a minor under the law of the state of reside nce of the parent, guardian, person

payment of the tra nsportation cost of such return. (c) That juvenile as used in this Article means any person who is a minor under the law of the state of reside nce of the parent, guardian, person or agency entitled to the legal cu stody of such minor. Article V Return of Escapes and Absconders (a) That the appropriate person or authority from w hose probation or parole supervision a delinquent juveni le has absconded or from whose institutional custody he ha s escaped shall present to the appropriate court or to the ex ecutive authority of the state where the delinquent juvenile is alleg ed to be located a written requisition for the return of such delinq uent juvenile. Such requisition shall state the name and age of th e delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the te rms of his COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 31 probation or parole or of his escape from an instit ution or agency vested with his legal custody or supervision, and t he location of such delinquent juvenile, if known, at the time the requisition is made.

n or parole or of his escape from an instit ution or agency vested with his legal custody or supervision, and t he location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by the affi davit, shall be executed in duplicate, and shall be accompanied by two (2) certified copies of judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institutio n or agency concerned. Such further affidavits and other docume nts as may be deemed proper may be submitted with such requisitio n. One (1) copy of the requisition shall be filed with the Com pact Administrator of the demanding state, there to rema in on file subject to provisions of law governing records of t he appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, t he court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other approp riate person directing him to take into custody and detain such delinquent juvenile.

executive authority to whom the requisition is addressed shall issue an order to any peace officer or other approp riate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially r ecite the facts necessary to the validity of its issuance hereunder . The delinquent juvenile detained upon such order shall be delivere d over to the officer whom the appropriate person or authority de manding him shall have appointed to receive him, unless he shal l first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who shall appoint counsel or guardian and litem for him. If t he judge of such court shall find that the requisition is in order h e shall deliver such delinquent juvenile over to the officer whom the ap propriate person or authority demanding him shall have appoin ted to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proc eeding. Upon reasonable information that a person is a deli nquent juvenile who has absconded while on probation or pa role, or escaped from an

wed for the purpose of testing the legality of the proc eeding. Upon reasonable information that a person is a deli nquent juvenile who has absconded while on probation or pa role, or escaped from an institution or agency vested with h is legal custody or supervision in any state party to this C ompact, such person may be taken into custody in any other state party to his Compact without a requisition. But in such event, h e must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and wh o shall COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 32 determine, after a hearing whether sufficient cause exists to hold the person subject to the order of the court for su ch a time, not exceeding ninety (90) days, at will enable his dete ntion order issued on a requisition pursuant to this Article. I f, at the time when a state seeks the return of a delinquent juvenile w ho has either absconded while on probation or parole or escaped f rom an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detaine d any criminal charge or any proceeding to have him

parole or escaped f rom an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detaine d any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offen se or an act of juvenile delinquency, he shall not be returned with out the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredite d officers of any state party to this Compact, upon the establish ment of their authority and identity of the delinquent juvenile b eing returned, shall be permitted to transport such delinquent juv enile through any and all states party to this Compact, without i nterference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such fu rther proceedings as may be appropriate under the laws of that state. (b) That the state to which a delinquent juvenile i s returned under this Article shall be responsible for payment of the

such fu rther proceedings as may be appropriate under the laws of that state. (b) That the state to which a delinquent juvenile i s returned under this Article shall be responsible for payment of the transportation cost of such return. Article VI Voluntary Return Procedure That any delinquent juvenile who has absconded whil e on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this Compact, and any juvenile who has run away fro m any state party to this Compact, who is taken into custody wi thout requisition in another state party to this Compact under the provi- sions of Article IV(a) or of Article V(a), may cons ent to his immediate return to the state from which he abscond ed, escaped or ran away. Such consent shall be given by the juv enile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 33 the appropriate court, which states that the juveni le or delinquent juvenile and his counsel or guardian ad litem conse nt to his return to the demanding state.

S & CORRECTIONS CH. 90 CORRECTIONS 33 the appropriate court, which states that the juveni le or delinquent juvenile and his counsel or guardian ad litem conse nt to his return to the demanding state. Before such consent shall b e executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem shall inform the juvenile or deli nquent juvenile of his rights under this Compact. When the consent has been duly executed, it shall be forwarded to and filed with t he Compact Administrator of the state to which the court is lo cated and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accr edited officer or officers of the state demanding his return; and sha ll cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state t o which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provid e him with a copy of such court order; in such event a copy of t he consent shall be forwarded to the Compact Administrator of the st ate to which said juvenile or delinquent juvenile is

shall provid e him with a copy of such court order; in such event a copy of t he consent shall be forwarded to the Compact Administrator of the st ate to which said juvenile or delinquent juvenile is ordered to return. Article VII Cooperative Supervision of Probationers and Parolee s (a) That the duly constituted judicial and administ rative authorities of a state party to this Compact (herei n called 'sending state') may permit any delinquent juvenile within s uch state, placed on probation or parole, to reside in any oth er state party to this Compact (herein called 'receiving state') whil e on probation or parole and the receiving state shall accept such delinquent juvenile if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state t o make such investigation as it deems necessary. The authoritie s of the sending state shall send to the authorities of the receivin g state copies of pertinent court orders, social case studies and all other available information which may be of value and assist the re

e sending state shall send to the authorities of the receivin g state copies of pertinent court orders, social case studies and all other available information which may be of value and assist the re ceiving state in supervising a probationer or parolee under this Compact. A receiving state, in it discretion, may agree to acc ept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinqu ent juvenile is COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 34 not a resident of the receiving state, and if so ac cepted the sending state may transfer supervision accordingly. (b) That each receiving state will assume the dutie s of visitation and of supervision over any such delinqu ent juvenile and in the exercise of those duties will be governe d by the same standards of visitation and supervision that prevai l for its own delinquent juveniles released on probation or parol e. (c) That, after consultation between the appropriat e authorities of the sending state and of the receivi ng state as to the desirability and necessity of returning such a deli nquent juvenile, the duly accredited officers of a

between the appropriat e authorities of the sending state and of the receivi ng state as to the desirability and necessity of returning such a deli nquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For tha t purpose, no formalities will be required, other than establishi ng the authority of the officer and the identity of the delinquent j uvenile to be retaken and returned. The decision of the sending s tate to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but, if at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him w ithin the receiving state any criminal charge or any proceedi ng to have him adjudicated a delinquent juvenile for any act commi tted in such state, or if he is suspected of having committed wi thin such state a criminal offense or an act of juvenile delinquenc y, he shall not be returned without the consent of the receiving st ate until discharged from prosecution or other form of procee ding,

such state a criminal offense or an act of juvenile delinquenc y, he shall not be returned without the consent of the receiving st ate until discharged from prosecution or other form of procee ding, imprisonment, detention or supervision for such off ense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent ju veniles being so returned through any and all states party to this C ompact, without interference. (d) That the sending state shall be responsible und er this Article for paying the costs of transporting any de linquent juvenile to the receiving state or of returning any delinque nt juvenile to the sending state. Article VIII Responsibility for Costs COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 35 (a) That the provisions of Articles IV (b), V (b), and VII (d) of this Compact shall not be construed to alter or affect any internal relationship among the departments, agenci es and officers of and in the government of a party state, or betwe en a party state and its subdivisions, as to the payment of costs, o r responsibilities therefor.

hip among the departments, agenci es and officers of and in the government of a party state, or betwe en a party state and its subdivisions, as to the payment of costs, o r responsibilities therefor. (b) That nothing in this Compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency, or other entity i n regard to costs for which such party state or subdivision thereof m ay be responsible pursuant to Articles IV (b), V (b) or V II (d) of this Compact. Article IX Detention Practices That, to every extent possible, it shall be the pol icy of states party to this Compact that no juvenile or delinquen t juvenile shall be placed or detained in any prison, jail or lock-u p nor be detained or transported in association with criminal, viciou s or dissolute persons. Article X Supplementary Agreements That the duly constituted administrative authoritie s of a state party to this Compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juvenile s whenever they shall find that such agreements will improve the fa cilities

with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juvenile s whenever they shall find that such agreements will improve the fa cilities or programs available for such care, treatment and reh abilitation. Such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution lo cated within any state entering delinquent juveniles whenever they s hall find that such agreements will improve the facilities or prog rams available for such care, treatment and rehabilitation. Such c are, treatment and rehabilitation may be provided in an institutio n located within any state entering into such supplementary agreemen t. Such supplementary agreements shall (1) provide the rate s to be paid for the care, treatment and custody of such delinqu ent juveniles, taking into consideration the character of faciliti es, services and COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 36 subsistence furnished; (2) provide that the delinqu ent juvenile shall be given a court hearing prior to his being s ent to another state for care, treatment and custody; (3) provide that the state

6 subsistence furnished; (2) provide that the delinqu ent juvenile shall be given a court hearing prior to his being s ent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such deli nquent juvenile; (4) provide that the sending state shall at all tim es retain jurisdiction over delinquent juveniles sent to an i nstitution in another state; (5) provide for reasonable inspectio n of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to this being sent to another state; and (7) make provision for such othe r matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating st ate. Article XI Acceptance of Federal and Other Aids That any state party to this Compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or

party to this Compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of th e purposes and functions of this Compact, and may receive and util ize the same subject to the terms, conditions and regulations go verning such donations, gifts and grants. Article XII Compact Administrators That the Chief Judge of the Superior Court of Guam shall be the Compact Administrator and who, acting jointly w ith like officers of other states, shall promulgate rules an d regulations to carry out more effectively the terms and provisions of this Compact. Article XIII Execution of Compact That this Compact shall become operative immediatel y upon its execution by any state as between it and any ot her state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 37 Article XIV Renunciation That this Compact shall continue in force and remai n binding upon each

ce with the laws of the executing state. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 37 Article XIV Renunciation That this Compact shall continue in force and remai n binding upon each executing state until renounced by it. Re nunciation of this Compact shall be by the same authority which e xecuted it, by sending six (6) months' notice in writing of its in tention to withdraw from the Compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereto shall continue as to parolees and probatione rs residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into u nder Article X hereof shall be subject to renunciation as provid ed by such supplementary agreements, and shall not be subject to the six (6) months' renunciation notice of the present Article. Article XV Severability That the provisions of this Compact shall be severa ble and if any phrase, clause, sentence or provision of this C ompact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or

tence or provision of this C ompact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance shall no t be affected thereby. If this Compact shall be held contrary to the constitution of any state participating therein, the Compact sha ll remain in full force and effect as to the state affected as to all severable matters. Article XVI Out-of-State Confinement (a) This Article, known as the Out-of-State Confine ment Amendment to the Interstate Compact on Juveniles, i s hereby enacted into law and entered into by this Territory with all other states legally joining therein the form substantial ly as follows: (1) Whenever the duly constituted judicial or administrative authorities in a sending state shall determine that confinement of a probationer or reconfinement of a parolee is necessary or desirable, said officials m ay direct that the confinement or reconfinement be in an appr opriate institution for delinquent juveniles within the Ter ritory of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH.

e, said officials m ay direct that the confinement or reconfinement be in an appr opriate institution for delinquent juveniles within the Ter ritory of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 38 receiving state, such receiving state to act in tha t regard solely as agent for the sending state. (2) Escapees and absconders who could otherwise be returned pursuant to Article V of the Compact may b e confined or reconfined in the receiving state pursu ant to this Article. In any such case the information and alleg ations required to be made and furnished in a requisition pursuant to such Article shall be made and furnished, but in place of the demand pursuant to Article V, the sending state shall request confinement or reconfinement in the receivi ng state. Whenever applicable, detention orders as provided i n Article V may be employed pursuant to this Paragraph prelim inary to disposition of the escapee or absconder. (3) The confinement or reconfinement of a parolee, probationer, escapee, or absconder pursuant to this Article shall require the concurrence of the appropriate ju dicial or administrative authorities of the receiving state.

econfinement of a parolee, probationer, escapee, or absconder pursuant to this Article shall require the concurrence of the appropriate ju dicial or administrative authorities of the receiving state. (4) As used in this Article: (1) sending state mean s sending state as the term is used in Article VII of the Compact or the state from which a delinquent juvenile has e scaped or absconded within the meaning of Article V of the Co mpact; (2) receiving state means any state, other than the sending state, in which a parolee, probationer, escapee, or absconder may be found, provided that said state is a party t o this Article. (5) Every state which adopts this Article shall des ignate at least one of its institutions for delinquent juv eniles as a Compact Institution and shall confine persons there in as provided in Paragraph (a) hereof unless the sending and receiving state in question shall make specific con tractual arrangement to the contrary. All states party to th is Article shall have access to Compact Institutions at all re asonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's de linquents as may be confined in

ve access to Compact Institutions at all re asonable hours for the purpose of inspecting the facilities thereof and for the purpose of visiting such of said state's de linquents as may be confined in the institution. (6) Persons confined in ACompact Institutions @ pursuant to the terms of this Compact shall at all times be subject to COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 39 the jurisdiction of the sending state and may at an y time be removed from said ACompact Institution @ for transfer to an appropriate institution within the sending state, f or return to probation or parole, for discharge, or for any purp ose permitted by the laws of the sending state. (7) All persons who may be confined in a ' ACompact Institution' @ pursuant to the provisions of this Article shall be treated in a reasonable and humane manner. The f act of confinement or reconfinement in a receiving state s hall not deprive any person so confined or reconfined of any rights which said person would have had if confined or rec onfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this Article be

ould have had if confined or rec onfined in an appropriate institution of the sending state; nor shall any agreement to submit to confinement or reconfinement pursuant to the terms of this Article be construed as a waiver of any rights which the delinquent would have had i f he had been confined or reconfined in any appropriate inst itution of the sending state except that the hearing or hearin gs, if any, to which a parolee, probationer, escapee or abscond er may be entitled (prior to confinement or reconfinement) by the laws of the sending state may be had before the appropri ate judicial or administrative officers of the receivin g state. In this event, said judicial and administrative office rs shall act as agents of the sending state after consultation w ith appropriate officers of the sending state. (8) Any receiving state incurring costs or other ex penses under this amendment shall be reimbursed in the amo unt of such costs or other expenses by the sending state u nless the states concerned shall specifically otherwise agree . Any two or more states party to this Compact may enter into supplementary agreements determining a different al location of costs as among

ss the states concerned shall specifically otherwise agree . Any two or more states party to this Compact may enter into supplementary agreements determining a different al location of costs as among themselves. (A) Rules and regulations necessary to effectuate t he terms of this Article may be promulgated by the appropriate officers of those states which have ena cted this Article. (B) In addition to any institution in which the authorities of this Territory may otherwise confine or order the confinement of a delinquent juvenile, suc h COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 40 authorities may, pursuant to this Article, confine or order the confinement of a delinquent juvenile in a Compa ct Institution within another party state. 2012 NOTE: In maintaining the general codification scheme of t he GCA the Compiler changed the hierarchy of subsections b eginning with 'Numbers' to 'Lowercase Letters,' subsections begin ning with 'Lowercase Letters' to 'Numbers,' and subsections b eginning with 'Numbers' to 'Uppercase Letters' in this article. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.84.

ubsections b eginning with 'Numbers' to 'Uppercase Letters' in this article. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 90.84. Chief Judge of Superior Court to be Compac t Administrator: Duties. Pursuant to the Compact the Presiding Judge of the Superior Court shall be the Compact Administrator and shall promulgate rules and regulations to carry out the terms of the Compact. The Compact Administrator may enter into agreements wit h appropriate officials of other states or territorie s pursuant to the Compact. The Compact Administrator shall cooperate with all departments, agencies and officers of and in the go vernment of Guam in facilitating the proper administration of t he Compact or of any agreements entered into by Guam thereunder. 2017 NOTE: References to 'territory' and 'territorial' remov ed and/or altered to 'Guam' pursuant to 1 GCA § 420. ---------- ARTICLE 4 PRISON INDUSTRIES § 90.90. Prison Industries, Established. § 90.91. Prison Industries Revolving Fund. § 90.90. Prison Industries. (a) Prison Industries, Established.

1 GCA § 420. ---------- ARTICLE 4 PRISON INDUSTRIES § 90.90. Prison Industries, Established. § 90.91. Prison Industries Revolving Fund. § 90.90. Prison Industries. (a) Prison Industries, Established. The Department of Corrections is hereby authorized to establish such prison industries as may be feasible to provide a means fo r inmates and detainees to receive job training and skills develo pment; to provide opportunities for the earning of wages to b e used to pay COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 41 restitution to victims of crime, and payment of fin es and court costs; and to provide additional means for funding certain recurring expenses of the Department. The Departmen t shall separate and designate each prison industry to be e stablished as occurring 'within the secured perimeter' or occurri ng 'outside the secured perimeter.' This Act is not meant to replace the activities authorized by Chapter 84 of Article 1, Title 9, Gua m Code Annotated, but shall be viewed as authorizing additional activities. This Chapter shall not supersede, nor affect any programs undertaken pursuant to Chapter 81 of this Title. (b) Role of Corrections Advisory Council.

ll be viewed as authorizing additional activities. This Chapter shall not supersede, nor affect any programs undertaken pursuant to Chapter 81 of this Title. (b) Role of Corrections Advisory Council. The Corrections Advisory Council shall advise the Department on the suitability of any industry to be established, and may assist t he Department in other matters relative to the establishment, ope ration, and maintenance of a chosen industry. (c) Earnings Formula, established. Inmates shall b e paid at no less than local prevailing wage rates as determi ned by the Director of Labor. Each inmate participating in a p rison industry shall have all wages earned subject to this Earning s Formula: (1) Twenty-five percent (25%) to the Criminal Injur ies Compensation Fund. (2) Twenty-five percent (25%) to payment of court- ordered fines, fees, and restitution. When such cou rt-ordered fines, fees, and restitution have been satisfied, t his percentage shall be applied to the Inmate’s Account. (3) Twenty-five percent (25%) to the Prison Industr ies Revolving Fund. (4) Twenty-five percent (25%) to the Inmate’s Account.

en satisfied, t his percentage shall be applied to the Inmate’s Account. (3) Twenty-five percent (25%) to the Prison Industr ies Revolving Fund. (4) Twenty-five percent (25%) to the Inmate’s Account. Each participating inmate may elect to pro vide up to one hundred percent (100%) of the twenty-five pe rcent (25%) for child and spousal support. (5) In the event that the participating inmate does not owe any sum listed above, one hundred percent (100% ) of earned wages shall be placed in the Inmate’s Accoun t. (d) Eligibility to Participate. The Department shall establish criteria for determining an inmate’s elig ibility for COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 42 participation in an established prison industry. Al l inmates shall be eligible for participation in an established pri son industry consistent with eligibility requirements for other in-house prison rehabilitation programs unless otherwise ordered by a Court. (e) In-kind Contributions and/or Credit for Servic es Allowed. The Department is authorized to enter into agreemen ts with other government of Guam entities to receive i n-kind contributions and/or a credit for services rendered in lieu of cash

ervic es Allowed. The Department is authorized to enter into agreemen ts with other government of Guam entities to receive i n-kind contributions and/or a credit for services rendered in lieu of cash payments. (f) Authority to Bid Granted. Notwithstanding the provisions of § 84.10(c) of Chapter 84, Article 1 of Title 9, Gua m Code Annotated, the Department may submit its bid f or the provision of services to a non-government entity, p rovided, that it includes as a component of its bid the costs for ho using, utilities, food, supplies and any other item that would normal ly be considered as part of the overhead costs. SOURCE: Added by P.L. 29-094:2-3 (July 22, 2008). Subsecti on (a) amended P.L. 33-042:1 (June 10, 2015). Subsection ( c) amended by P.L. 33-225:1 (Jan. 9, 2017. § 90.91. Prison Industries Revolving Fund. (a) There is hereby created, within the Department of Corrections, a revolving fund called the 'Prison In dustries Revolving Fund' (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (b) All funds collected from § 90.90(c) shall be deposited into said Fund.

ng Fund' (Fund), which shall be established by the Department of Administration in accordance with the following provisions: (b) All funds collected from § 90.90(c) shall be deposited into said Fund. (1) Funds in the Prison Industries Revolving Fund may be used to purchase clothing for prisoners and deta inees, foodstuffs for the dining facility, galley catering services and equipment, medical/dental supplies, prescription an d over- the-counter medicines, sanitary/hygiene supplies an d other pharmaceutical supplies for prisoners and detainees , including, payment for prisoner-detainee maintenanc e costs in any off-island prison or medical institutions, p ayment for overtime and related personnel costs for personnel specifically assigned to tasks involving Prison Ind ustries, and COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 43 for training of Department of Corrections personnel . (2) Expenditures from the Fund shall be approved by the Director of Corrections and posted on the Depar tment’s website. (3) A complete and accurate accounting of all mone y deposited into and withdrawn from such Fund shall be maintained by the Director of Administration.

ctions and posted on the Depar tment’s website. (3) A complete and accurate accounting of all mone y deposited into and withdrawn from such Fund shall be maintained by the Director of Administration. (4) Such accounting shall include and clearly identify the sources and amounts of all funds paid into or withdrawn from said Fund. (c) The Prison Industries Revolving Fund shall be maintained separate and apart from all other funds of the government of Guam. (d) The Fund shall be subject to an annual audit, and its findings shall be posted on the department’s website. SOURCE: Added by P.L. 29-094:2-3 (July 22, 2008). Subsecti on (b)(1) amended P.L. 33-042:1 (June 10, 2015). 2017 NOTE: P.L. 33-225:2 (Jan. 9, 2017) authorized the Direc tor of Corrections to form a non profit organization to ad minister the prison industry program. The board of directors of this no n profit organization shall have the fiduciary responsibility to maintain the goals and objectives of the program. ---------- ARTICLE 5 TRANSFER PURSUANT TO TREATY § 90.100. [Untitled Section]. § 90.100. [Untitled Section]. When a treaty is in effect between the United State s and a foreign country that provides for the

--- ARTICLE 5 TRANSFER PURSUANT TO TREATY § 90.100. [Untitled Section]. § 90.100. [Untitled Section]. When a treaty is in effect between the United State s and a foreign country that provides for the transfer of c onvicted offenders who are citizens or nationals of the fore ign country, upon the recommendation of the Attorney General of Guam, I Maga’lahen Guåhan (the Governor of Guam) or the Director of the Department of Corrections, if designated by I Maga’lahi (the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 44 Governor), on behalf of the island and subject to t he terms of the treaty; may consent to the transfer of the convicte d offenders who are under the jurisdiction of the Department of Cor rections to the place or jurisdiction specified in the treaty. I Maga’lahen Guåhan (the Governor) may take any other action necessary to initiate the participation of this territory in the treaty. SOURCE: Added by P.L. 31-233:XII:32 (Sept. 7, 2012) as § 95 .10. Renumbered by Compiler to harmoniously fit in this chapter. ---------- Effective Date of Title 9 2014 NOTE: Public Law 13-185, which enacted Title 9, GCA, inc lude sections 2 and 3 which are reproduced in their enti

mpiler to harmoniously fit in this chapter. ---------- Effective Date of Title 9 2014 NOTE: Public Law 13-185, which enacted Title 9, GCA, inc lude sections 2 and 3 which are reproduced in their enti rety below: Section 2. This Code shall become operative on Janu ary 1, 1978. Except as otherwise provided in this Secti on, this Code does not apply to offenses committed prior to its effective date and prosecutions for such offenses s hall be governed by the prior law, which is continued in ef fect for that purpose, as if this Code were not in force. For the purposes of this Section, an offense was committed after the op erative date of the Code if any of the elements of the offense o ccurred subsequent thereto. In any case pending on or after the operative date of this Code, involving an offense c ommitted prior to such date, procedural provisions of this C ode shall govern insofar as they are justly applicable and th eir application does not introduce confusion or delay. Provisions of this Code governing the treatment and the releas e or discharge of prisoners, probationers and parolees s hall apply to persons under sentence for offenses committed pr ior to the operative date of

f this Code governing the treatment and the releas e or discharge of prisoners, probationers and parolees s hall apply to persons under sentence for offenses committed pr ior to the operative date of this Code, except that the minimu m or maximum period of their detention shall in no case be increased. Section 3. This Act shall become operative only if Bills Nos. 662 and 663 are Chaptered and become operative January 1, 1978, and, in such case shall become operative a t the same time as Bill Nos. 662 and 663. Past print publications of the GCA included the fol lowing annotations from the Compiler of Laws: COMMENT: The effective date of this Code, the Criminal Procedure Code and P.L. 13-187 was postponed until January 1, 1978 by P.L. 14-052 (July 14, 1977). COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 45 COURT DECISIONS: D.C.GUAM:APP.DIV. 1983 Dismissal of an indictment for conspiracy, wherein the acts alle ged covered the periods in which the old Penal Code was in effect a nd the present Criminal and Correctional Code (9 GCA) was in effec t should not be dismissed, but it should be left up to proof at trial to determine if, in fact, a crime was committed during the

t a nd the present Criminal and Correctional Code (9 GCA) was in effec t should not be dismissed, but it should be left up to proof at trial to determine if, in fact, a crime was committed during the operative period of 9 GCA. If the fact show that no act was committed during t he period of 9 GCA (following January 1978), then acquittal will b e in order. However, the indictment charges such facts and, the refore, the indictment should stand. People v. Manibusan, D.C. Case #81-053A. ---------- ARTICLE 6 CIVILLIAN CORRECTIONS RESERVE PROGRAM SOURCE: Added by P.L. 35-064:1 (Feb. 11, 2020) as §§ 90.200 to 90.206, renumbered by the Compiler pursuant to 1 GC A § 1606. § 90.201. Creation. § 90.202. Functions and Duties. § 90.203. Recruitment. § 90.204. Training, Equipping, and Maintenance of R ecords. § 90.205. Reservist: Authority. § 90.206. Same: Allowance. § 90.207. Authorization for Full-Time CCRP Officers . § 90.208. Same: Eligibility and Oath. § 90.209. Rules and Regulations: Recommendations. § 90.201. Creation. (a) There is hereby created within the Department o f Corrections (DOC) the Civilian Corrections Reserve Program (CCRP), which shall be headed by the Director of DOC

ommendations. § 90.201. Creation. (a) There is hereby created within the Department o f Corrections (DOC) the Civilian Corrections Reserve Program (CCRP), which shall be headed by the Director of DOC (Director). (b) The Director, subject to the advice and control of the Governor, shall be responsible for carrying out the purposes of this Article, and shall have such additional duties and responsibilities as are authorized herein, or as ma y be prescribed by the Governor. SOURCE: Added by P.L. 35-064:1 as § 90.200 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 46 § 90.202. Functions and Duties. (a) The general functions and duties of the CCRP shall be to provide backup manpower to protect the public fr om the destructive actions of law offenders through contro l and rehabilitation. It may provide staff services to the Judiciary, the Parole Board, probation officers, and interested ag encies of the Executive Branch. (b) The Director shall formulate a program whereby the CCRP shall adhere to the functions and duties herein prescrib ed.

e Board, probation officers, and interested ag encies of the Executive Branch. (b) The Director shall formulate a program whereby the CCRP shall adhere to the functions and duties herein prescrib ed. From time to time, the Director shall review and re vise the functions and duties of the CCRP to ensure an amica ble discharge of responsibilities and duties acknowledging the fa ct that their roles are an extension of the duties of the regular personnel. SOURCE: Added by P.L. 35-064:1 as § 90.201 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.203. Recruitment. (a) The Director shall recruit, on an entirely volunteer basis, local residents who desire to make available their services to assist the Department of Corrections in carrying out the f unction of protecting the public from the destructive actions of law offenders through control and rehabilitation. (b) The Director shall further promulgate rules and regulations for recruitment regarding the age, heal th, and other requirements. (c) Nothing in this Section shall prohibit the Dire ctor from recruiting a resident who is a non-immigrant alien admitted into Guam under the Compacts of Free Association

th, and other requirements. (c) Nothing in this Section shall prohibit the Dire ctor from recruiting a resident who is a non-immigrant alien admitted into Guam under the Compacts of Free Association between the United States and the Federated States of Micronesi a, the Republic of the Marshall Islands, and the Republic of Palau. SOURCE: Added by P.L. 35-064:1 as § 90.202 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.204. Training, Equipping, and Maintenance of R ecords. (a) Training for the CCRP members shall be conducted pursuant to the provisions of the Peace Officer Sta ndards and Training (POST) Commission in 17 GCA Chapter 51. In itial COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 47 training requirements shall be identical to those required of DOC cadets. (b) The Director shall maintain a roster of reservists who have received the training prescribed by 17 GCA Cha pter 51. In order to maintain membership in the CCRP, each memb er must keep up with his scheduled training, and no reservi st may remain in the CCRP if he or she is unable to keep up with or otherwise absorb the training.

intain membership in the CCRP, each memb er must keep up with his scheduled training, and no reservi st may remain in the CCRP if he or she is unable to keep up with or otherwise absorb the training. Additionally, basic supplies a nd equipment shall be provided to ensure a constant operability of th e CCRP, including a continuing program for replacement. (c) Any member of the CCRP who has not met the minimum qualifications/certifications for firearms safety and proficiency, physical fitness, recruitment clearanc es, and background checks shall not be allowed to serve in the CCRP. SOURCE: Added by P.L. 35-064:1 as § 90.203 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.205. Reservist: Authority. Whenever members of the CCRP are rendering assistan ce to DOC, such volunteers shall have the same powers, duties, rights (including coverage under the Worker’s Compensation Act), privileges and immunities, as if they were paid, fu ll-time members of the Department of Corrections, except that they shall earn recruitment credit for services performed as volunt eers. SOURCE: Added by P.L. 35-064:1 as § 90.204 (Feb.

were paid, fu ll-time members of the Department of Corrections, except that they shall earn recruitment credit for services performed as volunt eers. SOURCE: Added by P.L. 35-064:1 as § 90.204 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.206. Same: Allowance. Each member of the CCRP who successfully completes probationary requirements as established by the Dir ector, and who serves a minimum of twenty (20) hours to maintain g ood standing as a CCRP officer, and forty-two (42) hours per mon th, shall receive an allowance of Five Hundred Dollars ($500) per month to defray the cost of maintenance of their equipmen t and uniforms. The Department of Corrections shall identify funds within their department appropriations to satisfy the intent of this Section. SOURCE: Added by P.L. 35-064:1 as § 90.204.1 (Feb. 11, 2020 ), renumbered by the Compiler pursuant to 1 GCA § 1606 . COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 48 § 90.207. Authorization for Full-Time CCRP Officers . (a) The Department of Corrections (DOC) may employ a CCRP officer on a temporary, full-time basis, if su ch officer is an active member and has attained at least two

ion for Full-Time CCRP Officers . (a) The Department of Corrections (DOC) may employ a CCRP officer on a temporary, full-time basis, if su ch officer is an active member and has attained at least two thousan d eighty (2,080) cumulative service hours when a critical ne ed arises due to military activation of DOC officers or absence d ue to long-term disability status that has been certified by a medi cal doctor. DOC may exercise this authority provided its authorized budget for personnel is not exceeded. The CCRP officer shall return to reservist status pursuant to this Article when the incumbent returns from military service or long-term disability or at the discretion of the Director. (b) When employed by DOC, a CCRP officer may only serve as an equivalent of Corrections Officer I and be compensated as a Corrections Officer I, Step I. Sai d CCRP officer shall be eligible to receive sick leave, be eligible for the Government of Guam Health Insurance Program, and shall not be eligible for a stipend as a Reserve officer for the duration of their temporary employment with DOC. (c) A CCRP reservist shall be offered permanent employment in the event a permanent position become s

gible for a stipend as a Reserve officer for the duration of their temporary employment with DOC. (c) A CCRP reservist shall be offered permanent employment in the event a permanent position become s available at DOC; provided, that the reservist meets all of t he qualifications as prescribed in this Article. The Director shall promulgate rules and regulations that determine the order in which r eservists are selected for permanent service. (d) Notwithstanding 10 GCA § 77114(a)(1), a CCRP officer who serves as a Corrections Officer I, Step I under this Section may be a non-immigrant alien admitted into Guam under the Compacts of Free Association between the United States and the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. SOURCE: Added by P.L. 35-064:1 as § 90.204.2 (Feb. 11, 2020 ), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.208. Same: Eligibility and Oath. (a) No person shall be a volunteer member of the CC RP established under this Article who advocates a chan ge by force or violence in the constitutional form of the Governme nt of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH.

unteer member of the CC RP established under this Article who advocates a chan ge by force or violence in the constitutional form of the Governme nt of the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 49 United States or of Guam, or the overthrow of any g overnment in the United States by force, or who has been convict ed of or is under indictment or information charging any subver sive act against the United States. (b) Every volunteer shall , entering upon his duties, take an oath, in writing, before a person authorized to adm inister oaths in Guam, which oath shall be substantially as follows: 'I _____________________, do solemnly swear (or affirm) that I will support and defend the Constitu tion of the United States and the laws of Guam, against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; that I take this obliga tion freely, without any mental reservation or purpose o f evasion; and that I will well and faithfully discha rge the duties upon which I am about to enter and I do furt her swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the

rge the duties upon which I am about to enter and I do furt her swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of Guam by force or violence; and that during such time as I am a member of the Civilian Corrections Reserve Program I will not advocate nor become a member of any political party or organizat ion that advocates the overthrow of the Government of t he United States or Guam by force or violence.' SOURCE: Added by P.L. 35-064:1 as § 90.205 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . § 90.209. Rules and Regulations: Recommendations. The Director is authorized and empowered to recomme nd to the Governor for issuance as executive orders the m aking, amendment, and rescission of such orders, rules and regulations as may be necessary to carry out the provisions of this Article. SOURCE: Added by P.L. 35-064:1 as § 90.206 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . ---------- COL11/30/20219 GCA CRIMES & CORRECTIONS CH.

he provisions of this Article. SOURCE: Added by P.L. 35-064:1 as § 90.206 (Feb. 11, 2020), renumbered by the Compiler pursuant to 1 GCA § 1606 . ---------- COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 50 ARTICLE 7 THE DEPARTMENT OF CORRECTIONS MODERNIZATION ACT OF 2021 SOURCE: Added by P.L. 36-057:1 (Oct. 13, 2021). § 90.301. Legislative Findings and Policy. § 90.302. Definitions. § 90.303. Authorization to Enter into Long-Term Lea ses. § 90.304. Identification of Projects and Procuremen t. § 90.305. Responsibility of Contractor/Developer. § 90.306. Contractual Safeguards. § 90.307. Assignments. § 90.308. Pledge or Reservation of Revenues. § 90.309. Use of Tax-Exempt Bond, Taxable Bond, and Other Financing Instruments for Financing. § 90.310. Prison IT, Building, and Security Managem ent System. § 90.311. Utilities and Routine Maintenance and Rep air. § 90.312. Maintenance Fund. § 90.313. Rules and Regulations. § 90314. Financial Plan Required. § 90.301. Legislative Findings and Policy. (a) I Liheslaturan Guåhan finds that the Department of Corrections (DOC) was established by Public Law 9-2 08 on July 18, 1968 within the executive branch of the Governm ent of Guam.

ings and Policy. (a) I Liheslaturan Guåhan finds that the Department of Corrections (DOC) was established by Public Law 9-2 08 on July 18, 1968 within the executive branch of the Governm ent of Guam. Before the enactment of Public Law 9-208, the Depar tment of Corrections was first known as the Guam Penitentiar y and through Executive Order 68-23, issued by Governor Manuel F. L Guerrero, the Penitentiary was transferred to the Department of Corrections, which was effective on November 1, 1968. (b) The Department of Corrections is the only priso n on Guam and provides services to local and federal age ncies. DOC provides custodial care to individuals who are conv icted of crimes and for those who are waiting judicial disposition. The environment of the prison must meet federal standar ds such as the National Prison Standards, Prison Rape Elimination Act (PREA), and the National Commission on Correctional Healthc are COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 51 Standards (NCCHC), which ensures that the living co nditions are decent and humane; but, with the issue of overcrowd ing and structural failures, DOC has been struggling to pro perly execute their mandates

rds (NCCHC), which ensures that the living co nditions are decent and humane; but, with the issue of overcrowd ing and structural failures, DOC has been struggling to pro perly execute their mandates and comply with national standards. DOC is ensuring that it prevents any violations of the Fed eral Consent Decree, which requires the Government of Guam to im prove the living conditions of the inmates following the Civi l Rights of Institutionalized Persons Act. (c) The Adult Correctional Facility (ACF) in Mangil ao is in its stages of failure due to age and lack of modern technology, which is affecting the operations and personnel of the correctional agency. The ACF was built to hold a maximum of thre e hundred (300) inmates and detainees; and currently, the pop ulation of Guam is growing as well as its crime rates, while D OC has outgrown its ACF. Over time, other DOC buildings we re added to address the overcrowding issues of the ACF, and bui ldings used for rehabilitation and offices were re-designed to accommodate the rising population of prisoners. The Adult Corre ctional Facility is made of fifteen (15) housing units, which holds not only local inmates and detainees, but also

were re-designed to accommodate the rising population of prisoners. The Adult Corre ctional Facility is made of fifteen (15) housing units, which holds not only local inmates and detainees, but also immigration and fed eral detainees. The lack of proper facilities prevents DOC from pro perly providing rehabilitation to the inmates. (d) The poor condition of the housing units of the prison is not cost effective or adequate to handle the growin g prisoner population, and DOC recognized the difficulty in me eting its mandates of providing security, health, rehabilitat ion and welfare to the inmates and detainees under its care without compromising the well-being of its personnel. The main goal of t he Department of Corrections is to provide rehabilitation to indi viduals who have been convicted of crimes and ensure that they becom e useful members of the community and to themselves. (e) Furthermore, I Liheslaturan Guåhan finds that DOC has plans to build a new Department of Corrections faci lity with a bed capacity for one thousand (1,000) inmates to replac e its current prison if funding was available.

aturan Guåhan finds that DOC has plans to build a new Department of Corrections faci lity with a bed capacity for one thousand (1,000) inmates to replac e its current prison if funding was available. The new prison wou ld provide the proper space to meet its mandates and the demands o f its growing prisoner population. The Department of Corrections had started to draft an eighty (80)-year master plan, which will p rovide a phase- COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 52 to-phase plan to construct a new Department of Corr ections facility that will meet its construction goal of a bed capacity of one thousand (1,000) inmates. The Department of Correct ions’ goal is to ensure that all the issues on structural, techno logy, and security of the inmates and personnel are covered. The maste r plan also ensures that DOC meets all federal standards such a s the National Prison Standards and PREA standards. (f) Therefore, it is the intent of I Liheslaturan Guåhan to provide the Department of Corrections with the prop er confinement of offenders in a controlled environmen t prison and community-based facilities that are safe, humane, c ost-efficient, and appropriately

de the Department of Corrections with the prop er confinement of offenders in a controlled environmen t prison and community-based facilities that are safe, humane, c ost-efficient, and appropriately secure, which also promotes the s afety of the people of Guam. I Liheslaturan Guåhan has identifie d funding to construct a new Department of Corrections Adult Cor rectional Facility through the Earned Income Tax Credits to b e reimbursed to Guam at an estimated Sixty Million Dollars ($60, 000,000) annually, of which an estimate of no more than Five Million Dollars ($5,000,000) will be allocated for the paym ents of the lease-back agreement. (g) In an effort to overcome financing hurdles, and to provide DOC with the proper tools to meet its mandates, I Liheslaturan Guåhan desires to authorize the Government of Guam to ent er into contract for the financing, design, constructi on, and long-term capital maintenance of a new Department of Correcti ons facility with private sector contractors who can provide lon g-term financing. (h) To facilitate the financing, design, constructi on, and maintenance of a new Department of Corrections faci lity envisioned by this Act, the Government of

rs who can provide lon g-term financing. (h) To facilitate the financing, design, constructi on, and maintenance of a new Department of Corrections faci lity envisioned by this Act, the Government of Guam will be authorized to execute a lease agreement of existing property under its inventory for up to thirty (30) years on which the new Department of Corrections facility will be construc ted. (i) The lease of the Government of Guam’s property will be to the contractor and/or the Guam Economic Developm ent Authority, who will design and construct the new De partment of Corrections facility and provide a funding for the design and construction through appropriations received from t he reimbursement of the Earned Income Tax Credit for F iscal Year COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 53 2022 and prospective appropriations from the Genera l Fund, thereafter annually. Upon completion of the constru ction, the facilities and land will be leased back to the Gove rnment of Guam for a period not to exceed the initial ground lease to the contractor over which time the Government of Guam will amortiz e, as lease payments to the contractor, the cost of financing, design,

f Guam for a period not to exceed the initial ground lease to the contractor over which time the Government of Guam will amortiz e, as lease payments to the contractor, the cost of financing, design, construction, and related expenses of the new Depar tment of Corrections. (j) The contractor/developer will also be responsib le for the capital maintenance and repair of the Department of Corrections constructed under this Act, which costs shall be pa id by the Government of Guam as provided for under this Act. At the expiration of the lease-back period, the Government of Guam real property and the Department of Corrections construc ted on the Government of Guam real property will revert to the Government of Guam with no further obligations to the contract or. 2021 NOTE: Subsection designations added pursuant to authori ty granted by GCA § 1606. § 90.302. Definitions. For the purposes of this Article and unless otherwi se specified, the following words and phrases are defi ned to mean: (a) Act means Article 7 of Title 9, Chapter 90, Guam Code Annotated, which shall be known as 'The Depart ment of Corrections Modernization Act of 2021.' (b) Contract shall mean the design,

d to mean: (a) Act means Article 7 of Title 9, Chapter 90, Guam Code Annotated, which shall be known as 'The Depart ment of Corrections Modernization Act of 2021.' (b) Contract shall mean the design, construction, and financing contract entered by and between the Gover nment of Guam and the contractor following negotiations o n the response to the Request for Proposal. (c) Contractor/developer shall mean the authorized entity which shall be the signatory on the contract and shall be fully responsible for carrying out the finance, design, construction, and maintenance of the new Department of Corrections. The contractor/developer may cooperate with another entity or entities in any manner the contractor/developer deems appropriate to provide f or the financing, design, and construction of the new Depa rtment of Corrections envisioned by this Chapter. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 54 (d) The Department of Corrections Construction Committee shall be chaired by the Administrator or Deputy Administrator of the Guam Economic Development Authority, and include the Director and Deputy Dire ctor of the Department of Corrections, the Director or Depu ty Director

the Administrator or Deputy Administrator of the Guam Economic Development Authority, and include the Director and Deputy Dire ctor of the Department of Corrections, the Director or Depu ty Director of the Department of Public Works, the Dir ector or Deputy Director of the Department of Land Managemen t, the Director or Deputy Director of the Bureau of Statis tics and Planning, the Director or Deputy Director of the Bu reau of Budget and Management Research, and the Director or Deputy Director of the Department of Administration . (e) Correctional agency shall mean the Department of Corrections. (f) Correctional facility shall mean the Department of Corrections Adult Correctional Facility. (g) Lease shall mean a lease from the Government of Guam itself or through the Department of Correction s to the contractor/developer entered at the time of the con tract for the property. (h) Lease-back shall mean the lease from the Guam Economic Development Authority and/or the contractor/developer to the Government of Guam itse lf or by and through the Department of Corrections of the ne wly constructed Department of Corrections.

m Economic Development Authority and/or the contractor/developer to the Government of Guam itse lf or by and through the Department of Corrections of the ne wly constructed Department of Corrections. (i) Property shall mean any property on which a new Department of Corrections is located. § 90.303. Authorization to Enter into Long-Term Lea ses. (a) For the purpose of facilitating the financing, design, construction, and maintenance of the new Department of Corrections encompassed by this Act, the Government of Guam is authorized to lease property that will be used f or the new Department of Corrections, as required, to the contractor/developer and/or the Guam Economic Devel opment Authority; provided, such property is in the invent ory of the Government of Guam. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 55 (b) The Government of Guam is also authorized to le ase-back from the contractor/developer and/or the Guam Econo mic Development Authority the property for a period mut ually agreed upon between the Government of Guam and the contractor/developer and/or the Guam Economic Devel opment Authority as may be reasonably necessary to amortiz e the lease- back period of

mut ually agreed upon between the Government of Guam and the contractor/developer and/or the Guam Economic Devel opment Authority as may be reasonably necessary to amortiz e the lease- back period of no more than thirty (30) years the c ost associated with the design, construction, and maintenance of t he new Department of Corrections. In no event shall the en d of such lease- back period be structured as an annually renewable lease with a provision for automatic renewals to the extent that pledged revenue under § 90.308 is available. The lease-back shall not be construed as a debt under any applicable debt limit ation under the Organic Act of Guam or Guam law. 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. § 90.304. Identification Projects and Procurement. (a) The Guam Economic Development Authority, in consultation with the Director of the Department of Corrections, shall utilize the program study of the correctional agency to identify and prioritize potential projects to be co mpleted. (1) The list of projects identified by the Program Study of the correctional agency shall be included in one (1) Request for Proposal developed by the

prioritize potential projects to be co mpleted. (1) The list of projects identified by the Program Study of the correctional agency shall be included in one (1) Request for Proposal developed by the Guam Economic Development Authority. (A) Upon receipt of the Program Study, the Guam Economic Development Authority, in consultation wit h the Director of the Department of Corrections, shal l solicit Request for Proposals (RFP) for a contractor/developer, in compliance with the Guam Procurement Law, for the financing, design, and construction of the Department of Corrections, according to the needs of the correctional agency a nd consistent with this Article. (B) GEDA is also hereby authorized to solicit the services for a Program Management Office, which sha ll include, but not be limited to, creating scopes of work, COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 56 coordinating projects and performance targets, conducting periodic quality control reviews, assuri ng timely product generation and response, and managin g the project to produce a quality product within the budget and schedule.

formance targets, conducting periodic quality control reviews, assuri ng timely product generation and response, and managin g the project to produce a quality product within the budget and schedule. (2) The choice of the contractor/developer shall be made by the Department of Corrections Construction Commi ttee. The committee shall assess the prior performance of the contractor/developer on similar projects, and shall be free to disqualify any contractor/developer that does not h ave a successful record of project completion on Guam or any similar isolated locality. (b) The Committee shall also specifically consider the contractor/developer’s ability and performance with regards to the financing, development and construction of a correc tional facility on Guam or any similar isolated locality. (c) The selection of a contractor/developer shall b e based upon the proposal that delivers the lowest cost val ue for Guam in meeting the objectives of the correctional agency. (d) GEDA shall issue an RFP within thirty (30) days after the conclusion of its Program Study, in consultation wi th the Department of Corrections for the design, construct ion, and maintenance of the correctional

issue an RFP within thirty (30) days after the conclusion of its Program Study, in consultation wi th the Department of Corrections for the design, construct ion, and maintenance of the correctional facilities. 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. § 90.305. Responsibility of Contractor/Developer. The contract shall require that the contractor/deve loper be responsible for all costs, expenses, and fees of an y kind or nature, associated with the design, civil improvements, on- site and off- site infrastructure, construction, permits, and fin ancing associated with the completion of the Department of Correction s to the extent provided by GEDA in consultation with the Departmen t of Corrections in the Request for Proposal. The lease may, for the purposes herein, provide that its term shall be ext ended for a period not to exceed the shorter of ten (10) years beyond the original term of the lease-back, or such period of time as is COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 57 necessary to repay in full any financing arranged p ursuant to § 90.309 of this Article. § 90.306. Contractual Safeguards.

of time as is COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 57 necessary to repay in full any financing arranged p ursuant to § 90.309 of this Article. § 90.306. Contractual Safeguards. Prior to undertaking the work of finance, design, construction, and maintenance of the new Department of Corrections, the Guam Economic Development Authorit y, in consultation with the Department of Corrections and the contractor/developer, shall negotiate and enter int o a binding construction contract to build the new Department o f Corrections in accordance with Guam Building Code under 21 GCA Chapter 67, Guam Fire Safety Codes and any other applicable requirements. The construction contract shall conta in contractual obligations typically found in Government of Guam c onstruction contracts, including, but not limited to: (a) warranties; (b) liquidated damages; (c) performance and payments bonds; (d) indemnity; (e) insurance; (f) standard specifications; (g) technical specifications; (h) progress schedule; (i) maintenance; (j) compliance with Guam labor regulations; (k) compliance with Guam prevailing wage rates for employment of temporary alien workers (H2) on Guam; (l) compliance

) progress schedule; (i) maintenance; (j) compliance with Guam labor regulations; (k) compliance with Guam prevailing wage rates for employment of temporary alien workers (H2) on Guam; (l) compliance with Public Law 28-98: restriction against contractors employing convicted sex offende rs to work at Government of Guam venues; and (m) the 2017 Guam Tropical Energy Code. The contract must be approved as to form and legali ty by the Attorney General of Guam. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 58 § 90.307. Assignments. To facilitate the purpose of this Act and provide s ecurity for the holders of any financing instruments issued pur suant to this Act, the contractor/developer may assign, without t he need of the consent of the Guam Economic Development Authority, the contract, the lease and the lease-back to any under writer, trustee, or other party as appropriate to facilitate the con tractor/developer financing. § 90.308. Pledge or Reservation of Revenues. (a) Rental payments under the lease and the lease-b ack may be secured by a pledge or other reservation of reve nues collected by the Government of Guam from the following: (1) The sum of no more than Five

ntal payments under the lease and the lease-b ack may be secured by a pledge or other reservation of reve nues collected by the Government of Guam from the following: (1) The sum of no more than Five Million Dollars ($5,000,000) from the revenues received pursuant to 11 GCA Chapter 42, Earned Income Tax Credit will be availa ble for Fiscal Year 2022 only. (2) The sum of no more than Five Million Dollars ($5,000,000) from the General Fund shall be appropr iated annually thereafter. (3) The Governor of Guam may use federal funds that are made available to the Government of Guam by the United States Federal Government for the financing, design , construction, and maintenance of the new Department of Corrections facility. (4) The use of other financing options is authorize d for the purpose of this Act, including, but not limited to, loans, grants, bond financing, and other alternate funding options, subject to legislative approval. (b) Any amounts reserved or pledged as provided in this Section shall be subject to annual appropriations f or the purpose of making lease-back payments. The revenues pledged or reserved and thereafter received by the Government of Guam o r by any trustee,

ection shall be subject to annual appropriations f or the purpose of making lease-back payments. The revenues pledged or reserved and thereafter received by the Government of Guam o r by any trustee, depository, or custodian shall be deposite d in a separate account and shall be immediately subject to such re servation or the lien of such pledge without any physical delive ry thereof or further action, and such reservation or the lien of such pledge shall COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 59 be valid and binding against all parties having cla ims of any kind in tort, contract or otherwise against the Governme nt of Guam or such trustee, depository or custodian, irrespective of whether the parties have notice thereof. The instrument by whic h such pledge or reservation is created need be recorded. 2021 NOTE: Subsection designation added pursuant to authority granted by 1 GCA § 1606. § 90.309. Use of Tax-Exempt Bond, Taxable Bond, and Other Financing Instruments for Financing. (a) To minimize the financing cost to the Governmen t of Guam, financing utilized by the contractor/develope r to fund the design, construction, and maintenance of the Depart ment of

s for Financing. (a) To minimize the financing cost to the Governmen t of Guam, financing utilized by the contractor/develope r to fund the design, construction, and maintenance of the Depart ment of Corrections shall be through tax-exempt obligations , taxable bond obligation, or other financial instruments; provide d, such financing is available at interest rates determined by the Guam Economic Development Authority to be reasonable and competitive. The Guam Economic Development Authorit y shall be the issuer of any financial instruments or oblig ations unless the Guam Economic Development Authority waives its righ t to serve as the issuer of financial instruments or obligatio ns. Alternatively, the contractor may use an alternative method of fin ancing, including, but not limited to, a short-term debt, m ortgage, loan, federally guaranteed loan or loan by an instrumenta lity of the United States of America if such financing will bet ter serve the needs of the people of Guam. Such alternative finan cing shall be approved by I Liheslaturan Guåhan . The purpose for the requirements of this Section is to assure that the Government of Guam pays the lowest possible interest rate so

alternative finan cing shall be approved by I Liheslaturan Guåhan . The purpose for the requirements of this Section is to assure that the Government of Guam pays the lowest possible interest rate so that the cost of the Government of Guam’s financing of the design and co nstruction of the Department of Corrections, amortized through the lease- back payments from the Government of Guam to GEDA a nd or the contractor/developer, will be lower than regula r commercial rates. (b) I Liheslaturan Guahan , pursuant to § 50103(k) of Chapter 50, Title 12, Guam Code Annotated, hereby a uthorizes the Guam Economic Development Authority to issue on e or more additional series of tax-exempt and/or taxable obli gations (in any case, the 'bonds') for the purpose of financing the Department of COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 60 Corrections Adult Correctional Facility, in an aggr egate principal amount not to exceed Eighty Million Dollars ($80,00 0,000) for the following purposes: (1) to finance the design, construction, and/or the maintenance of the Department of Corrections Adult Correctional Facility; (2) to fund a deposit to a debt service reserve fun d; (3) to fund

poses: (1) to finance the design, construction, and/or the maintenance of the Department of Corrections Adult Correctional Facility; (2) to fund a deposit to a debt service reserve fun d; (3) to fund capitalized interest with respect to th e bonds; and (4) to pay expenses relating to the authorization, sale, and issuance of the bonds, including without limita tion, printing costs, costs of reproducing documents, cre dit enhancement fees, underwriting, legal, feasibility, financial advisory and accounting fees and charges, fees paid to banks, or other financial institutions providing credit en hancement fees, costs of credit ratings and other costs, char ges and fees in connection with the issuance, sale, and delivery of the bonds, subject to the following additional conditio ns: (A) The terms and conditions of the bonds shall be as determined by the Guam Economic Development Authority by the execution of a certificate, trust agreement or indenture authorizing the issuance of the bonds; provided, however, that such terms and conditions shall be consistent with this Section, t hat the bonds shall have a final maturity not to exceed thi rty (30) years; and an interest rate not to

nds; provided, however, that such terms and conditions shall be consistent with this Section, t hat the bonds shall have a final maturity not to exceed thi rty (30) years; and an interest rate not to exceed seve n percent (7%). (B) No bonds authorized by this Section shall be sold until the Board of Directors of Guam Economic Development Authority has approved the sale by resolution, as provided in Chapter 50 of Title 12, Guam Code Annotated. (C) The issuance of bonds pursuant to this Section shall not be subject to the approval of the voters of Guam. COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 61 § 90.310. Prison IT, Building, and Security Managem ent System. (a) For the purpose of ensuring the long-serving du ration of the Department of Corrections facility, GEDA may in clude in the specifications for the new correctional facility, t he requirement for a prison information management system, a security and surveillance system, and a building management syst em. These systems identified must be done in consultation wit h the Department of Corrections and comply with the feder al mandates related to prison records and to foster compliance with the Federal Standards

systems identified must be done in consultation wit h the Department of Corrections and comply with the feder al mandates related to prison records and to foster compliance with the Federal Standards for Prisons and Jails. (b) GEDA, in consultation with the Department of Corrections, may determine the specifications for s uch systems based on comprehensive, state-of-the-art technology generally accepted within the United States Prison Industry i n connection with the development for a new Department of Correc tions facility. The specifications shall require that all systems are designed by the same software developer so as to en sure the delivery of the rehabilitation to the inmates. (c) In order to ensure immediate response to system downtimes or failure, GEDA may include in the speci fications the requirement that the provider of these systems have a local Guam Office and service technicians stationed on Guam. § 90.311. Utilities and Routine Maintenance and Rep air. The contractor/developer shall be responsible for t he connection and payment of all utilities, including without limitation, power, water, sewer, telephone, and cab le and all maintenance and repair and exterior

r/developer shall be responsible for t he connection and payment of all utilities, including without limitation, power, water, sewer, telephone, and cab le and all maintenance and repair and exterior groundskeeping and landscaping and upkeep of the Department of Correct ions. § 90.312. Maintenance Fund. The contract with the contractor/developer, and the lease- back shall provide that all capital maintenance and repair of the Department of Corrections facility be performed by the contractor/developer. The contractor/developer shal l provide sufficient funding for a separate maintenance fund for this purpose; sufficient funds for this purpose shall be defined as the COL11/30/20219 GCA CRIMES & CORRECTIONS CH. 90 CORRECTIONS 62 cost of capital maintenance and repair for the rema ining period of the lease agreement with the Government of Guam aft er the completion of the Department of Corrections. The ma intenance fund shall be used exclusively for the purpose of c apital maintenance and repair and shall be in an interest- bearing account segregated from other funds held in escrow. § 90.313. Rules and Regulations.

shall be used exclusively for the purpose of c apital maintenance and repair and shall be in an interest- bearing account segregated from other funds held in escrow. § 90.313. Rules and Regulations. The Guam Economic Development Authority, in consultation with the Department of Corrections, ma y promulgate rules and regulations pursuant to the Administrativ e Adjudication Law as necessary to implement the provisions of thi s Article. § 90.314. Financial Plan Required. GEDA shall prepare a financial plan in accordance w ith the following: (a) At a minimum, the financial plan shall include a comprehensive report of the associated costs and so urces of revenues required for the duration of the Departmen t of Corrections Modernization Act of 2021 (Project). T he financial plan should reflect the total Project cos t and any phases that represent the Project development prior ities. All anticipated Project revenues shall be matched and a llocable to the anticipated Project costs and shall detail i ts impact on the overall debt ceiling. (b) The financial plan shall be submitted to I Magaʹhågan Guåhan and transmitted to the Speaker of I Liheslaturan Guåhan.

pated Project costs and shall detail i ts impact on the overall debt ceiling. (b) The financial plan shall be submitted to I Magaʹhågan Guåhan and transmitted to the Speaker of I Liheslaturan Guåhan. No solicitation of Request For Proposal or invitation for bid authorized to effect uate the requirements of this Act may be issued until the fi nancial plan is delivered to the Speaker of I Liheslaturan Guåhan. ---------- COL11/30/2021