Guam § 40 - Actions Allowed Upon Violation of Conditions or

§ 40. Actions Allowed Upon Violation of Conditions or

Failure to Appear.

(a) When a person is brought before the court pursuant to §§

40.65 or 40.70, or, when after a noticed hearing, the court finds

that a person released pursuant to this Chapter has willfully

violated the conditions imposed on his release or that a change in

circumstances or new evidence shows a need for the imposition

of different or additional conditions upon the person's release,

the court may order the imposition of such conditions as are

reasonably necessary to assure the person's appearance as

required (and his compliance with any conditions imposed

pursuant to this Chapter).

(b) Notwithstanding Subsection (a), where the court finds

that the person has willfully violated the conditions imposed on

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his release or that an indictment or information has been filed

charging the person with the commission of an offense while

released in the pending action, the court may revoke the person's

release.

COURT DECISIONS: D.C. GUAM, APP. DIV. 1979. The fact that a

defendant has been charged by police with an offense does not bring him

within the provisions of Subsection (b), 8 GCA § 40.75. The defendant

must have an indictment or information filed against him before

Subsection (b) can be a ground for bail revocation. People v. Anthony

Ulloa, D.C. Guam 1979, Crim. #79-00065A. This case may have been

modified by the amendment of 8 GCA § 1.15 dealing when indictments,

information and complaints may be brought.

SUPERIOR COURT 1980. The Superior Court has jurisdiction to

determine revocation of defendant's release while the defendant's appeal

is pending. People v. James, Sup. Ct. 1980, Cr. #18S-80.

NOTE: Section 40.70 is new. It is based on 18 U.S.C. § 3143 and ABA,

Project on Minimum Standards for Criminal Justice Pretrial Release §§

5.7, 5.8. (Approved draft 1968). See also 18 U.S.C. § 3146(e) and former