Guam § 80 - 2 Habitual Offenders.

§ 80. 2 Habitual Offenders.

(a) Notwithstanding any provision that establishes a shorter term of imprisonment, a person who has

been convicted of committing or attempting or conspiring to commit any violent or aggravated felonies and

who has previously been convicted of two violent or aggravated felonies not committed on the same

occasion and separated by intervening arrest shall be sentenced to imprisonment for life and is not eligible

for suspension of the sentence, probation, parole, or release.

(b) In order for the penalty under this Section to apply, judgment for the aggravated or violent felonies

that comprise the prior conviction shall have been entered within fifteen years of the conviction for the

current offense; however, time spent in custody or on probation for an offense or while the person is an

absconder shall not be excluded from the calculation of the fifteen years.

(c) For the purposes of this Section:

(1) “violent or aggravated felony” means any of the following offenses if committed in Guam or

any offense committed outside Guam that if committed in Guam would constitute one of the following

offenses:

(A) aggravated murder, murder and manslaughter (Title 9 Guam Code Annotated §§ 16.30,

16.40 and 16.50)

(B) aggravated assault (Title 9 Guam Code Annotated § 19.20)

(C) kidnapping (Title 9 Guam Code Annotated § 22.20)

(D) criminal sexual conduct in the 1st and 2nd degree (Title 9 Guam Code Annotated §§

25.15 and 25.20)

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(E) compelling prostitution (Title 9 Guam Code Annotated § 28.30, as defined involving a

child)

(F) indecent electronic display to a child (Title 9 Guam Code Annotated § 25A102)

(G) electronic enticement of a child as a 1st and 2nd degree felony (Title 9 Guam Code

Annotated §§ 25A105, 25A104)

(H) crimes involving obscenity and related offenses involving children (Title 9 Guam Code

Annotated §§ 28.51 and 28.52)

(I) photography of minors’ sexual acts (Title 9 Guam Code Annotated § 28.80)

(J) possession of child pornography (Title 9 Guam Code Annotated § 25A202)

(K) dissemination of child pornography (Title 9 Guam Code Annotated § 25A203)

(L) aggravated arson (Title 9 Guam Code Annotated § 34.20)

(M) robbery in the 1st and 2nd degree (Title 9 Guam Code Annotated §§ 40.10 and 40.20).

(d) Under the terms of the Compacts of Free Association (COFA), citizens of the Freely Associated

States [the sovereign states of the Federated States of Micronesia (FSM), the Republic of the Marshall

Islands (RMI), and the Republic of Belau], may enter the U.S. under a special status, and are treated as

foreign nationals while in the U.S., such status allowing the U.S. to deport a citizen of any COFA state if

such citizen is found guilty of breaking or disregarding the laws of a U.S. jurisdiction.

(1) A COFA citizen shall be considered deportable if convicted of a felony or a crime of moral

turpitude; or if sentenced to one (1) year or more for any crime(s) committed; or if the COFA citizen

becomes a repeat offender for driving-under-the-influence of alcohol.

(2) Such COFA citizen in violation of the COFA will be treated as any other foreign national and

shall be deported if convicted of a deportable crime under the terms of the Compact of Free

Association.

(3) Upon conviction of a deportable crime, the Attorney General of Guam (AG) shall immediately

notify the U.S. Immigration and Customs Enforcement (ICE) Division of the U.S. Department of

Homeland Security (DHS) of Guam’s desire to have the COFA citizen deported. The AG shall work

closely with the U.S. ICE Division of DHS to ensure all documents related to the conviction and

required for deportation are immediately provided to the proper authorities. Citizens of the U.S. cannot

be deported under the terms of the COFA. The AG shall transmit a quarterly report to I Liheslatura

indicating how many cases were forwarded to the U.S. ICE Division of DHS for deportation and the

status of those cases. The AG shall also publish this report on its website on a quarterly basis.

(e) If the court certifies that a defendant has a mental health illness, the provisions of Subsection (a)

do not apply.