Guam § 58 - Promoting Prison Contraband.

§ 58. Promoting Prison Contraband.

(a) As used in this Section:

(1) “Contraband” means any article or item that a person in custody who is confined in a

correctional facility is prohibited by statute, rule, or policy from obtaining or possessing, and is not

defined as “major contraband” in § 58.60(a)(2).

(2) “Major contraband” means:

(A) any controlled substance as defined by any provision of Guam law;

(B) any firearm or dangerous weapon, including explosives or combustibles, or any plans or

materials that may be used in the making or manufacturing of such weapons, explosives or

devices;

(C) any telecommunication or digital equipment prohibited by statute, rule, or policy that

provides communication, either in written or verbal messages, or through the transmission of

electronic data via the internet. Excluded from this definition is any device having communication

capabilities that has been approved by the facility head for investigative or institutional security

purposes, or for conducting other official business; and

(D) any object or instrument intended or reasonably likely to be used in the planning or

aiding in an escape or attempted escape from a correctional facility.

(b) No person, including a person in custody as defined by this Chapter, except as authorized by law

or with permission of the facility head, shall knowingly:

(1) introduce, or attempt to introduce, contraband into a detention facility or the grounds of a

detention facility; or

(2) convey, or attempt to convey, contraband to a prisoner confined in a detention facility; or

(3) possess, or attempt to possess, contraband within a detention facility; or

(4) receive, obtain, or remove, or attempt to receive, obtain, or remove, contraband from a

detention facility.

Any person, including a person in custody, who violates any provision of this Subsection (b) shall be guilty

of a misdemeanor, and upon conviction thereof shall be punished by a sentence of imprisonment for a

period of no less than thirty (30) days, or by a fine of no less than Five Hundred Dollars ($500.00), or by

both such minimum sentence of imprisonment and fine.

(c) No person, including a person in custody as defined by this Chapter, except as authorized by law

or with permission of the facility head, shall knowingly:

(1) introduce, or attempt to introduce, major contraband into a correctional facility or the grounds

of a detention facility; or

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(2) convey, or attempt to convey, major contraband to a prisoner confined in a detention facility;

or

(3) possess, or attempt to possess, major contraband within a detention facility; or

(4) receive, obtain, or remove, or attempt to receive, obtain, or remove, major contraband from a

detention facility.

Any person, including a person in custody, who violates any provision of this Subsection (c) shall be guilty

of a felony in the second degree, and upon conviction shall be punished by a sentence of imprisonment for

a period of no less than three (3) years, or by a fine of no less than Five Thousand Dollars ($5,000), or by

both such minimum sentence of imprisonment and fine.