Guam § 3113 - Department of Corrections.

§ 3113. Department of Corrections.

(a) There is within the Executive Branch of the government

of Guam a Department of Corrections. The Director of

Corrections is the head of the Department of Corrections. The

Director of Corrections is appointed by I Magaʹlåhi (the

Governor) with the advice and consent of I Liheslatura (the

Legislature), and shall meet the following qualifications:

(1) have no less than ten (10) years of progressive

experience in a law enforcement agency, including at least

three (3) years in a senior law enforcement position, or

equivalent executive management experience in the field of

public administration, business administration, criminal

justice or law, or a closely related field or discipline;

(2) graduated with a Bachelor’s degree or higher in

criminal justice, public administration, business

administration, law, or a closely related field or discipline

from an accredited institution recognized by the Council for

Higher Education Accreditation (CHEA) or its successors;

(3) have no felony, domestic or family violence

convictions;

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(4) have no misdemeanor convictions involving moral

turpitude;

(5) submit to and pass a drug screening test, including,

but not limited to, urinalysis testing, unless the appointee is a

current employee of the government of Guam registered with

the Peace Officer Standards and Training (POST)

Commission as a peace officer occupying a Test-Designated

Position (TDP) pursuant to the Department’s Drug-Free

Workplace Program;

(6) be of good health and good moral character;

(7) submit to psychological testing;

(8) submit to a polygraph examination; and

(9) submit to a thorough investigation of his or her

background and moral character.

(b) Compensation of Director of the Department of

Corrections.

Notwithstanding any other provision of law, a person

appointed by I Magaʹlåhen Guåhan and confirmed by I

Liheslaturan Guåhan to be Director of Corrections, and who at

the time of his or her appointment is an active member of the

classified service, shall receive a salary established by the

government of Guam compensation schedule for heads of

agencies, or a salary equivalent to the three (3)-year average of the

annual income earned immediately prior to his or her appointment

as Director of the Department of Corrections, whichever is

greater. Said three (3)-year average shall be reviewed annually to

determine if mandated pay increases would have affected the three

(3)-year average.

(c) A person who is an active classified employee of the

government of Guam immediately prior to his or her appointment

by I Magaʹlåhen Guåhan and confirmation by I Liheslaturan

Guåhan to be Director of the Department of Corrections shall, if

not removed for cause, be reinstated to the position he or she

previously held immediately prior to such appointment, or to an

equivalent position, upon expiration of his or her appointment as

Director of Corrections.

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