Guam § 63724 - Arrest, Bonds, Laws Applicable.

§ 63724. Arrest, Bonds, Laws Applicable.

(a) When charges against any person in the military forces of Guam are made or referred to a

convening authority authorized to convene a court-martial for the trial of such person, and a convening

authority, believing that such charges can be sustained, and has reason to believe that the person so charged

will not appear for trial, or intends to flee from justice, a convening authority may issue a warrant of arrest

to any peace officer commanding said peace officer to take the body of the person so the case may be finally

disposed of; and a peace officer, on the order of the convening authority, shall bring the person so charged

before the court-martial for trial, or turn him over to whomever the order may direct; the convening

authority issuing the warrant of arrest, shall indorse thereon the amount of bail to be required and such bail

shall not exceed two hundred fifty dollars by a summary court-martial convening authority, one thousand

dollars by a special court-martial convening authority and two thousand dollars by a general court-martial

convening authority unless said offense alleged is under § 63723.60 as a violation of Guam Penal Law, in

which case the bond shall be the same as that required for the violation alleged; and it shall be a violation

of duty on the part of any peace officer, including Department of Correction personnel, to permit a person

so committed to remain out of jail or a confinement facility, except that he may, when such person desires

it, permit him to give bail in the sum indorsed on the warrant, on the following conditions: for his

appearance, from time to time before the court-martial as he may be ordered for trial or court appearance,

to keep his unit of the Guam military forces of which he is a member advised of his current home and work

addresses and telephone numbers, to accept and receipt for all mail sent to him by the Guam military forces,

to satisfactorily attend and participate in all Guam military duty which he is ordered to perform and to be

responsible for obtaining information concerning all duty dates, times, places of his Guam military unit or

duty assignment, until his case is finally disposed of, or until such time as he may surrender to a peace

officer as directed by the convening authority of the court-martial before which he may be ordered for trial.

(b) Upon the failure of any person, who has been admitted to bail to appear as a witness in any case

before a court-martial, as conditioned in the bail bond of any such person, the court-martial shall certify the

fact of failure to so appear to the convening authority, or to the convening authority for the time being, as

the case may be; and such officer shall cause a judge advocate or the Attorney General to file suit in the

appropriate courts of Guam to take action on the same.

(c) The rules laid down in Title 8, Guam Code Annotated (Criminal Procedure) of Guam relating to

giving of bail, amount of bail, the number of sureties, the property exempt from liability, the responsibility

of parties to the same and all other rules of a general nature not inconsistent with this Code are applicable

to bail taken as provided herein.

(d) A warrant of arrest issued by a convening authority authorized to order a court-martial, and all

process, subpoenas, attachments, warrants of commitment and other process issued by courts-martial and

courts of inquiry shall extend to every part of Guam.

COL 2026-04-23

(e) When any lawful process, issued by the proper officer of any court-martial, comes to the hands of

any peace officer or other official authorized by Guam law to serve process, subpoenas, and/or attachments,

he shall perform the usual duties of such officer and perform all acts and duties by this Code imposed or

authorized to be performed by any peace officer or other official authorized to serve process, subpoenas,

and/or attachments. Failure of any peace officer or official authorized to serve process, subpoenas, and/or

attachments to perform the duties required by this Code shall be a misdemeanor offense punishable by a

fine of not more than One Thousand Dollars ($1,000) and a confinement of not more than twelve (12)

months in jail.

(f) In any case whereby the offense alleged is a violation of Guam Penal law charged under § 63723.60

of this Code and the punishment to be assessed is to be that authorized by the laws of Guam for such offense

the rules of bail shall be the same as set out in Title 8, Guam Code Annotated (Criminal Procedure) of

Guam law, except that the conditions set out in subsection (a) shall be applicable as the Adjutant General

so desires.

2017 NOTE: References to “Territory” and “territorial” removed and/or altered to “Guam” pursuant to 1 GCA § 420.